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THE UNIVERSITY OF GEORGIA 



LAW LIBRARY 



UNIVERSITY OF GEORGIA LAW LIBRARY 




3 8425 00479 9594 






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Digitized by the Internet Archive 

in 2011 with funding from 

LYRASIS IVIembers and Sloan Foundation 



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THE CODE 



^7 4- 



OF TUE 



STATE OF GEOEGIA. 



PEEPARED BY 



R. H. CLARK, T. R. R. COBB, and D. IRWHST. 

EEVISED AND CORRECTED BY 

33AVID 11^ WIN. 



5ltlanta, (Ba,: 

FRANKLIN STEAM PRINTINa HOUSE, 

J, J. TOON, PROPRIETOR. 

1 8 6 T, 



HF&30 

a. 3 



J. J. TOO]Sr, Proprietor 
n^ -A. 1>T It IL. I ISr STB.A.3VI I» II I KT T I IsT O HOTTSB, 

ATLANTA, GA. 

Look and Job Printing, Book-Uinding and Ruling of every description, 

promptly executed in Ihc best style and at the lowest rates. 

Special aftcntion paid to Railroad Work, Legal 

Blanks, Pamphlet Printing, etc., etc. 




F H E F A. O E . 



By an Ac^ of the General Assembly, assented to 9th Deceniber, 1858, provision 
was made for the election of three Commissioners, "to prepare for the people of 
Georgia a Code, which should, as near as practicable, embrace in a condensed form 
the Laws of Georgia, whether derived from the Common Law, the Constitutions, 
the Statutes of the State, the Decisions of the Supreme Court, or the Statutes of 
England, of force in this State." 

David Irwin, Hon. Herschell V. Johnson, and Iverson L. Harris, were elected 
Cofumissioners, under the provisions of his Act. The last two named declining 
the position, His Excellency Governor Brown supplied the vacancies by the 
appointment of Thomas R. R. Cobb and Richard H. Clark, who were also elected 
by the Legislature at its session next after they were appointed. 

Thus organized, the Commissioners commenced the work assigned them. 

Looking alone to the words of the Act, the object contemplated by the Legis- 
lature swelled into a project, the magnitude of which would have deterred the 
boldest adventurer, if its accomplishment did not strike his mind as being utterly 
impossible. The Commissioners, however, did not believe that such a construc- 
tion of the Act was a proper interpretation of the Legislative will, but construed 
it as requiring a Code which should embody the great fundamental principles of 
our jurisprudence, from whatsoever source derived, together with such Legislative 
enactments of the State as the wants and circumstances of our people had from 
time to time shown to be necessary and proper. 

Such a Code will furnish all the information, on the subject of Law, required 
either by the citizen or the subordinate Magistrate. 

Thus interpreting the Act of the Legislature prescribing their duties, the Com- 
missioners entered upon the discharge of those duties, seeking not only to con- 
dense and arrange the verbose and somewhat chaotic mass of the Statutes of 
Georgia, but also to interweave therewith those great leading principles of juris- 
prudence necessary to fill out and make perfect the body of our laws, of which 
the Statutes constituted but disjointed parts. 

In such an undertaking, the Commissioners could not hope for complete success; 
but to attain it as near as possible, they have spared neither painstaking or labor. 
How far they have succeeded in their effort, is submitted to the judgment of a 
generous profession and a generous public. 



iv PREFACE. 



The Code is divided into four parts, as follows : 

PAKT I. — The Political axd Public Organization of the State: Which 
treats of the Boundary, Divisions, Subdivisions of the State, and the Municipal 
Ofizanization and Ke<ruhUions thereof. 

PART 1 1, — The Civil Code : Which treats of Rights, Wrongs, and Remedies. 

PART III. — The Code of Practice: Which treats of the Various Methods 
of Enforcing Rights and Redressing Wrongs, together with the Law of Pleading 
and Evidence and the Practice of the Courts. 

PART IV. — Penal Laws : Which treats of Crimes and Misdemeanors, Trial 
And Punishment, and is subdivided into : First — Penal Code for the Trial and 
Punishment of white persons, to which is added a XVL Division, containing the 
Proceedings in Preliminary Courts. Second — Laws for the Government of the 
Penitentiary. Third — Penal Code for Slaves and Free Persons of Color. 

In the preparation of this work, the Commissioners have endeavored to arrange 
the various subjects under appropriate Titles, Chapters, Articles, and Sections, 
except the Penal Code, in which, for the purpose of convenient reference, the 
original Divisions have been retained. 

The paragraphs are numbered from the beginning to the end of the book. 

Thus prepared, the Code, after a thorough and laborious examination by a Legis- 
lative Committee, was submitted to the Legislature, and on the 19th of December, 
1800, was " adopted as the Code of Georgia, to be of force and take effect on the 
1st day of January, 1862." 

The adopting statute further provided, that all laws and resolutions of a pub- 
lic and general character, passed at the session of the Legislature in the year 1860, 
and also the Laws of Georgia having reference to the city of Savannah, should be 
incorporated in and made part of the Code, and that the duties and powers of the 
Commissioners should be continued to that end, with authority to place the same 
in the Code, in proper form and connection, and to correct any conflicts that might 
be created thereby, with existing provisions. 

On the 18th of March, 1861, a Convention of the People, then in session. 

Resolved, That in the publication of the Code, it should be made to conform to 
the Government of the Confederate States, instead of the Government of the 
United States, from which Georgia had then but recently seceded, and also that 
the Constitution of the Confederate States should be published as part of the Code. 

A compliance with these provisions required an almost entire revision of the 
Code, and added greatly to the labor, as well as to the difficulties in the way of 
perfect success. 

It is but an act of justice to the Publisher to state that the typographical errors 
which appear in the book are mainly attributable to the frequent change of print- 
ers during the progress of its publication, resulting from the excited and unsettled 
state of our national affairs. No less than eleven printers, who were at one time 



PllEFACE. 



or another engaged in printing this Code, are now in the service of the Confede- 
rate States. 

The errors alluded to have been corrected in an Errata^ which will be found at 
the end of the Index, and to which the special attention of the reader is invited. 

Many of the rules of the Supreme and Superior Courts, having been superse- 
ded by Legislative enactnnents and decisions of the Courts, and others being em- 
bodied in this Code under appropriate heads, it is believed that the rules of both 
Courts should undergo a revision by the proper authorities, and therefore they are 
omitted in this book. 

As constant reference will be made to the Code, not only by the Bench and Bar 
of the State, but also by the various public officers and citizens who are not law- 
yers, the Commissioners have endeavored to make the Index copious and full, and 
to distribute the matter under as many heads as it could be appropriately placed, 
in order that what is sought for may be readily found. 

The Commissioners submit to the people of Georgia the result of their labors, 
and ask for it a patient examination, sufficient at least to understand the plan; 
arrangement, and execution of the work ; and if, after that, it be not approved by 
the public, they can but regret it. 



REPORT OF THE COMMITTEE. 



To the Oeneral Assembly of the State of Georgia: 

The Committee appointed under the resolution of the last session of this Gen- 
era! Assembly (assented to 16th Dec, 1859,) to meet the Commissioners ap- 
pointed under an Act to provide for the Codification of the Laws of Georgia, 
(approved 19th of Dec, 1858,) at the capital in Milledgeville, at least twenty days 
before the meeting of this present session of the General Assembly, for the pur- 
pose of revising and fully examining said Code, respectfully report : 

That they have discharged the duty devolved upon them by said resolution, and 
the following is the result of their investigations : 

Referring to said Act of 9th of December, 1858, your Committee find that it 

was made the duty of the Commissioners thereby appointed, to prepare for the 

>v people of Georgia a Code which shall, as near as possible, embrace in a condensed 

p> form the Laws of Georgia, whether derived from the Common Law, the Consti- 

!g^ tution of the State, the Statutes of the State, the Decisions of the Supreme 

Court, or the Statutes of England, of force in this State. 
* With this enlarged and extensive chart of the powers and duties of said Com- 
^ missioners before your Committee, and as directory, as well to compilation as 
^ in the revision and examination of said Code, they caused each and every section 



vi PREFACE. 



thereof to be fully and carefully read before them ; and they present as their 
unar.irr.OuS conclusion, that said Commissioners have kept themselves full}' and 
carefully within the pale of the powers and duties conferred. 

The mingling together in condensed and intelligible form the Common and 
Statute Laws, Constitutional Provisions, and Court Decisions, and thus to place 
the whole body of all the Law within the reach of the people, was, in the opin- 
ion of your Committee, the great end aimed at by the Legislature, and this end 
has been kept in view, and, to every practicable and attainable extent, ably and 
efficiently accomplished by the Commissioners. 

A Code so entirely extensive in its aims and purposes as to define in intelligi- 
ble form and language out of the body of the great system of the Common Law 
existing time whereof the memory of man runneth not to the contrary, mischiefs 
and ric^hts, duties and obligations, and to present in intimate and close connection 
thereNvith Constitutional and Statutory Provisions, and the judicial exposition and 
construction thereof, for their redress and enforcement, is of rare, if not in the 
Code now presented, of original occurrence. Your Committee intend to say that 
it has not been before so extensively attempted, that the citizen should be referred 
to the whole embodiment of the Law in a single volume to be exactly informed 
what are his rights in any and every exigency, and what his remedies for their en- 
forcement and protection. And it need hardly be added that to the large degree 
in which the offered Code accomplishes this great desideratum, it must and will 
commend itself to public approval and acceptance. As your Committee have 
said, in the discharge of the duties devolved upon them, they caused each and 
every section of the Code to be read before them, and at the option, or upon the 
sugfTpstion of any one of its members, its sections were discussed, canvassed, and 
amended, enlarged and restricted by a vote of the majority ; and your Committee 
will add, that the codifiers themselves, being present, with scarce a single excep- 
tion, approved, acquiesced in, and adopted all such suggestions, alterations, modi- 
fications, enlargements, or restrictions, as your Committee thought proper to 
make. 

Beyond what has been said, the limits of this report will not authorize your 
Committee to enlarge. 

As "the result of their investigations," and in full view of the delicate respon- 
sibilities thereby incurred, especially if their further suggestions shall receive Le- 
gislative approval, they do not hesitate, with entire unanimity, to report that the 
Commissioners have ably, faithfully, and efficiently discharged the arduous duties 
imposed upon them, and with like unanimity recommend the Legislative sanction 
and adoption of that which they present as "The Code of Georgia." 

In the further anxious discharge of their duties, the thoughts of your Commit- 
tee have been necessarily turned to consider the mode in and by which this can 
be done. 

The importance of a knowledge of the contents of the Code to a satisfactory 
and well considered vote for its adoption by each member of the Legislature, has, 



PREFACE. Tii 



on the one hand, pressed strongly upon us, while on the other, the utter impossi- 
bility of canvassing and considering, within any reasonable period of time, the 
four thousand paragraphs embraced therein, has presented an obstacle almost, if 
not absolutely insurmountable. 

The mere reading of the manuscript, to inform and enlighten the Legislative 
mind as to its provisions, would occupy more than half the time limited by the 
Constitution to a Legislative session. Such reading, accompanied by the un- 
questioned power to amend and discuss according to the varied opinions and 
policy of our three hundred members, it need hardly be said, would occupy, to 
say the very least, more than all the time thus limited. 

In the opinion, then, of your Committee, to read without amendment and dis- 
cussion, would be idle and useless waste of time and money ; and to read, 
amend, and discuss, impracticable. 

Entertaining these opinions, and seeking the best solution of the difficulties, 
your Committee were naturally led to refer to the precedents set and acted upon 
by your sister States under similar circumstances. So far as such precedents 
will sanction and justify the recommendation to which they are led, they have 
been pleased to find that, in almost every State, Revised Codes have been adopted 
by a simple Legislative act, such as your Committee offer with this report, and 
upon the action and report of a committee, leaving other considerations, amend- 
ments, and discussions, of course, to the power ,and wisdom of the Legislature 
after publication. 

With the exception of Virginia, your Committee believe that the action of the 
States has been uniformly such as they now recommend. In that State the other 
policy was pursued. Each section of its Code was subjected to a thorough revi- 
sion, and separate adoption by its whole Legislative Department. The result 
was that its session was extended to a period over six months, and, of course, at 
a very great cost to the State. Yoiir Committee, from a partial and cursory 
examination of the Code of that State, will be permitted to add, in no censorious 
spirit, that the benefit of this course is not manifest in the results. Other Codes 
adopted upon the plan which your Committee feel constrained to suggest, com- 
pare most favorably with this Code of Virginia. 

Your Committee believe that they could give satisfactory reasons for the opin- 
ion entertained, that the labor, time, and money which might be expended in a 
Legislative reading, revision, and examination of the Code, might be really detri- 
mental, rather than beneficial, to its efficiency, harmony, and entire plan and struc- 
ture ; but the limits of a report forbid all such attempts. 

If the Code now presented were a new system of jurisprudence, or had the 
Commissioners attempted to graft upon our system any new features extracted 
from others and unharmonious with our own, or even if alterations in a well de- 
fined public policy had been attempted, your Committee would have paused, 
hesitated to recommend the mode of adoption suggested, without at least calling 
the special attention of the Legislature to such new and essential changes. 



- * *^ » *» w" 



'nLop-i^g^^/ 



Tiii PREFACE. 



But at an early stsi^e of our revision and examination, the codifiers announced 
the leading principle by which they had attempted to guide their labors, and your 
Committee report the same prominent in all the amendments and changes made 
at their suggestion. Tnis principle was, to attempt no change or alteration in any 
well defined rule of Ihw which had received Legislative sanction or judicial expo- 
sition, and to add no principle or policy which had received the condemnation of 
the former, or was antagonistic to the settled decisions of the latter. 

Tlie prominent and leading power of change exercised in construction and re- 
vision has been to cut and unravel Gordian knots, resulting fi-om conflicting deci- 
sions of the Courts ; to reconcile actual and apparently discordant legislation, har- 
monirincr all conflicts to what seemed to be settled and favored public policy ; to 
remedy existing defects by wise and harmonious provisions ; and to supply omis- 
sions which the practice and experience of the Courts had discovered and made 
manifest in existing legislation. In short, the great end and aim has been to re- 
concile, harmonize, render consistent, the body of the law, so as to give shape 
and order, system and efliciency, to the sometimes crude, and often ill expressed, 
sovereign will of the State. 

A settled conviction on the mind of your Committee that the codifiers have, to 
a degree as complete and perfect as might reasonably be expected, accomplished 
these and like ends, has won for the Code, as an entirety, their cordial and unani- 
mous approval. Your Committee will not conceal that some particular sections 
and provisions have not met this unanimous concurrence. When differences 
arose, careful and anxious consideration and discussion followed, and minorities 
did not hesitate to yield — all being satisfied that, as a whole, the Code was enti- 
tled to and should receive, as it does receive, their unanimous and unqualified 
approbation and recommendation. 

Your Committee fully believe that such would be the result of any examina- 
tion and revision by the Legislative Department. 

Your Committee do not deem it inappropriate to their duties to add, that the 
proper printing and publication of the Code, if adopted, becomes a subject of 
much interest and importance. Its plan and structure accompanies this report. 
A. reference thereto will render most manifest the necessity, in the publication, of 
rigidly adhering to the plan. The numerical order of its paragraphs, and its re- 
ferences in one title, section, or paragraph, to another, must be preserved. In 
the u?e and value of the Code, its Index becomes of the highest importance. 

These, and like considerations and reflections, lead your Committee to suggest 
that none other than those who constructed the Code, who devised its plan, and 
are familiar with its details and manuscript, can so well superintend its publica- 
tion and prepare its Index. Your Committee have further to add, that it is pro- 
vided in the Code itself that it shall not take effect until the 1st of October, 1861, 
thus giving time for its publication. 

It is further provided, and your Committee think wisely, to meet any insuf- 
ficiency of the Code, that all questions not embraced or provided for therein, shall be 



PREFACE. rx 



decided and settled by existing laws, and that the Code does not interfere with, 
or in any manner abrogate or repeal, local legislation. 

If in the views thus presented by your Connnnittee, thoy shall have the concur- 
rence of the Legislature, they present as part of this report, a bill to adopt 
the Code, and a bill to provide for its publication. 
All of which is respectfully submitted. 

IIINES HOLT, 
DANL. S. PRhNTUP, 
W. W. PAINE, 

Committee on pari of Senate. 
GEO. N. LESTER, 
ISIIAM S. FANNIN, 
W. G. DELONY, 
M. W. LEWIS, 
C, N. BROYLES, 
C. J. WILLIAMS, 

Committee on part of House. 



THE ACT ADOPTING THE CODE. 



An Act to approve, adopt and make of force, in the State of Georgia, a Revised Code of 
Laws, prepared under the direction and by authority of tlie General Assembly thereof; 
and for other purposes therewith connected. 

Section 1. The General Assembly of the State of Georgia do enact, That the 
Revised Code of Laws prepared under its authority, by Richard H. Clark, Thos. 
R. R. Cobb, and David Irwin, Esqs., and revised and fully examined by its 
committee, and recommended and reported for adoption (the manuscript whereof 
now being on file in the Executive Department), be, and the same is hereby, 
adopted as the Code of Georgia ; to be of force and take effect on the first of 
January, 1862. 

Provided, That the adoption of the Code shall not operate so as to repeal an 
Act entitled "An Act to define the liability of the husband for the debts of the wife, 
and to define the liability of the property received through the wife for the debts 
of the husband existing at the time of the marriage," approved 2Sth February, 
1856 ; or to punish any Judge, Justice, or Minister, for joining in marriage any 
female under the age of twenty-one without the consent of her father or guardian. 

Section 2. And be it further enacted, That all laws and resolutions of a pub- 
lic and general character passed at this present session of the General Assembly, 



PREFACE. 



be incorporated in and made part of said Code ; and that the duties and powers 
of the codifiers be continued to that end, with authority to place the same in 
proper and appropriate form and connection, and to correct any conflicts which 
may be created thereby with its existing provisions. And that the performance 
of the further duties by said codifiers, as required in this section, be submitted to 
the revisal, examination and approval of His Excellency the Governor, before 
the publication of said Code. 

Section 3. Be it further enacted, That the laws of the State of Georgia, 
having reference to the city of Savannah, etc., as codified by order of the City 
Council of Savannah, by the City Attorney of Savannah, be and the same is 
hereby, declared and made a part of the Code of Georgia and the laws thereof — the 
manuscript copy whereof is now on file in the Executive Office. 

Assented to Dec. 19th, 1860. 



PREFACE TO THE REVISED EDITION. 



The late war and its results, having produced so many radical changes in the 
Constitution and Laws of Georgia, a revision of the Code of the State becanne a 
matter of necessity. Prompted by an appreciation of that necessity, as well as 
the suggestions of his friends, the undersigned entered upon the work of carefully 
revising said Code, so as to exclude therefrom all such parts as had been repealed 
or superseded, and to include all laws passed since the adoption of said Code 
which were of force at the adjournment of the General Assembly of 186G, thus 
makino: the Code conform to the 5th Clause of the 1st Section of the 5th Article 
of the Constitution of Georgia, adopted by the Convention of 1865. All parts 
of the Code that have been repealed or superseded have been left out, and all laws 
still of force, that were never embodied in the Code, have been arranged under 
appropriate heads. The head-notes and sections have been rearranged and re- 
numbered, and the new laws are included in brackets, with references to the au- 
thorities in which they may be found. A new and enlarged Index has been made, 
which, it is hoped, will enable any lawyer or citizen readily to find the law on any 
given subject. By resolution of the General Assembly, His Excellency Governor 
Jenkins appointed a committee, composed of Gen. Andrew J. Hansell,Col. Logan 
E. Bleckley, and Col. Nathaniel J. Hammond, to examine the work; and after a 
careful and elaborate examination, this committee of distinguished lawyers re- 
ported to His Excellency that the revision of the Code was thorough and accurate. 
The undersigned did not feel at liberty to change even the wording of the laws 
passed since the adoption of the Code, but embodied them just as they were en- 
acted by the Legislature. The work has been tedious and difficult, and the 
undersigned does not claim that it is perfect ; but, having done the very best that 
time, circumstances, and his official duties would allow, he places it before a gen- 
erous profession and an indulgent people. 

DAVID IRWIN. 



TABLE OF CONTENTS- 



<>ENERAL PRELIMINARY PROVISIONS. 

PART FIRST. — ^The Political and Public Organization or the State. 

FART SECOND.— The Civil Code. 

PART THIRD.— The Code of Practice. 

PART FOURTH.— The Penal Laws. 



PART FIRST. 

THE POLITICAL AND PUBLIC ORGANIZATION OF THE STATE. 



TITLE I. — Divisions and Junsdictio7is. 



Chapter 1.— Of the Boundary, Sover- 
eignty and Jurisdiction 5 

Article 1. The boundary of the State. 5 
Article 2. The sovereignty and juris- 
diction of the State 7 

Article 3. Coast Survey . . 7 



Chapter 2. — The Political [and Judicial 

Divisions of the State 8 

Article 1. Counties 9 

Article 2. Congressional Districts. ... 13 
Article 3. Judicial Districts and Cir- 
cuits 14 



TITLE II.— Citizenship. 
Chapter 1.— -Who are Citizens. 14 | Chapter 2. — Expatriation. 

TITLE III. — The Executive Department, 



15 



Chapter 1. — The Governor, his Powers 

and Duties 16 

Chapter 2. — The Executive Office, and 

residence of Governor. 20 

Chapter 3. — State House Officers 21 

Article 1. Secretary of State 21 

Article 2. Treasurer. 23 

Article 3. Comptroller General 37 

Chapter 4. — Of other officers of the Ex- 
ecutive Department 31 

Article 1. State Librarian 31 



Article 2. Governor's Messenger and 

State House Guard 33 

Chapter 5. — General Regulations as to 
Offices and Officers §3 

Article 1. Of Eligibility, Qualification, 
Commissions, etc 33 

Article 2. Offi.cial Oaths 36 

Article 3. Official Bonds, and Dis- 
charge of Sureties 33 

Article 4. Delivery of books to succes- 
sors 4^ 



TITLE IV. — Legislative Department. 



Chapter 1. — Of the General Assemblv.. 43 



Chapter 2. — Subordinate Officers of the 
General Assembly 45 



XIV 



CONTENTS. 



TITLE Y.— Judicial Dejmrfment. 



Clirtpter 1.- 

tho .lud 
Chapter 0.— 

Orticers 
Article 1. 

Jiu1i;res . 
An ilk' 2. 
Article o. 
Article 4. 
Chapter 3 — 

Ofticers 

Article 1. 

Article 2. 

Article 3. 

Chapter 4.— 

Officers 
Article 1. 
Article 2. 
Article 3. 
Article 4. 
Article 5. 

County 



-General Provisions as to 

icial Power 

-The Supreme Court and its 



The Supreme Court and its 

ThQC\i!rk................ 

The Krpnrfer 

The Sheritr. 

The t^uperior Courts and 

Thf .Ttulffes 

The Clerks 

The Kecciver 

The County Court and its 

The County Court 

The County Judge 

The County Solicitor 

Clerk of the County Court. 
The Sheriff and Bailiffs of 
Court 



48 

49 

50 
52 
53 
54 

55 
55 
50 
64 



65 
65 
70 
73 
73 

74 



Chapter 5. — The Inferior Court and its 

Omcers 7S 

Article 1. The Court and its Justices. 7& 
Article 2 The Clerk 78 

Chapter 6.— The Ordinary 80 

Article 1. The Ordinary and his Court 80 

Article 2. As Clerk 83 

Article 3. As School Commissioner.. . 85 

Chapter 7. — Sheriffs and their Deputies 86 

Chapter 8. — State's Attorney and Attor- 
neys at Law &0 

Article 1. Attorney Gen<-ral 91 

Article 2. Solicitor General 93 

Article 3. Attorneys at Law 95 

Chapter 9. — Justices of the Peace and 

Constables 103 

Article 1. Justices of the Peace and 

their Courts 103 

A rticle 2. Constables. 108 

Chapter 10. — Corporate Courts Ill 



TITLE YI. — County Organizatioji. 



Chapter 1.— Militia Districts 112 

Chapter 2. — Incorporation of Counties, 

Contracts, and Property 113 

Chapter 3 — County Revenue 116 

Article 1. From Taxation 116 

Article 2. From other sources 119 

Chapter 4. — Certain County Officers. . . 122 

Article 1. Treasurer 123 

Article 2. Surveyor 128 

Article 3. Coroner 130 



Chapter 5. — Public Roads, Bridges, and 

Ferries 133 

Article 1. Public Roads 133 

Article 2. Road Commissioners and 

their duties 141 

Article 3. Bridges and Ferries 144 

Article 4. Railroad Crossings 149 

Article 5. Private Ways 151 

Article 6. Mining 154 

Chapter 6.— The County Poor 155 



TITLE Yll.—FuMic Revenue. 



Chapter 1.— Taxation by the State 159 

Article 1. Persons and Property Ex- 
empt 159 

Article 2. Persons and Property taxed 160 
Article 3. Taxes on Banks, Railroads, 

etc 162 

Article 4. Taxes, how returned and 

collected 164 

Article 5. Delinquent Tax-payers,and 
Proceedings against them 172 



Article 6. Delinquent Collectors and 

Receivers 175 

Article 7. Tax Receivers 177 

Article 8. Tax Collectors 180 

Article 9. Compensation of Collectors 

and Receivers 182 

Article 10. Miscellaneous Provisions 182 
Chapter 2. — Revenue from other sources 183 



TITLE y III.— The TuUic Debt. 
Chapter 1.— The Public Debt 



185 



TITLE IX.— Public Property. 



Chapter 1.— Public buildings 188 

Chapter 2.— The lands of the State 188 

Chapter 3. — The Western and Atlantic 
Railroad, and its government 189 



Chapter 4. — Stocks and other funds. . . . 198 
Chapter 5.— Other public property 199 



CONTENTS. 



XV 



TITLE X.—FuhUc Printing. 



Chapter 1.— The Public Printer— his 

duty and compensation 199 

Chapter 2.— Other printing 202 



Chapter 3.— The Compiler 202 

Chapter 4. — Distribution of Laws and 
other documents 203 



TITLE XI.— Public Defeme, 



Chapter 1. — Persons subject to military 

duty, exemptions, etc 205 

Chapter 2. — Military organization 209 

Article 1. Military force, and how com- 
posed 209 

Article 2. The Volunteers 210 

Article 3. Cavalry Corps 214 

Articled The Militia 215 

Article 5. Elections 217 



Chapter 3. — Organization of the Staff of 

the Militia 218 

Chapter 4.— Courts Martial 221 

Chapter 5 — Preservation of order at pa- 
rade 223 

Chapter 6. — Provisions of local applica- 
tion 224 

Chapter 7. — Miscellaneous Provisions.. 227 
Chapter 8. — Public arms and arsenals . . 230 



TITLE Xll.—JEducation, 



Chapter 1. — University of Georgia 232 

Chapter 2 — Georgia Military Institute . . 236 
Chapter 3. — Academy for the Blind. . . . 239 
Chapter 4, — Academy for Deaf and 

Dumb 241 

Chapter 5. — County Academies 242 

Chapter 6.-Coramon Schools and educa- 
tion of the poor 243 



Chapter 6. — 

Article 1. Educational Fund 243 

Article 2. How paid out 245 

Article 3. Educational Fund of the 

Counties 246 

Article 4. How managed 247 

Article 5, Beneficiaries of the Fund. . 250 



TITLE XllL—Mections hy tJie People. 



Chapter 1. — Qualification of voters 251 

Chapter 2. — Elections of Members of the 

General Assembly 253 

Chapter 3. — Elections for Governor, 
Members of Congress, Electors of 
President, Vice-President, Judges, 

and Solicitors 256 

Article 1. Provisions applicable to all 257 

Article 2. For Governor 257 

Article 3. For Members of Congress. . 258 



Article 4. Electors for President and 

Vice-President 259 

Article 5. Judges of Superior Court 
and Solicitors General 260 

Chapter 4. — For Justices of the Inferior 
Court, Ordinal y, and County Offi- 
cers 261 

Chapter 5. — Justices of the Peace and 
Constables 262 

Chapter 6. — Contested Elections 263 



TITLE XIY. — Elections hy the G-eneral Assembly. 
Chapter 1.— For United States Senators 265 | Chapter 2.— Other Officers 265 



TITLE XV. — Police and Sanitary Regulations, 



Chapter 1. — Lunatic Asylum 266 

Article 1. The Trustees 266 

Article 2, Superintendent 267 

Article 3. Admission and disposition 

of patients 268 

Chapter 2. — Health, Hospitals, Infection 

and Quarantine 272 

Chapter 3. — Physicians and Druggists. . 276 
Chapter 4. — Tavern and Retail License. 279 



Chapter 5. — Vendue Masters and Aiic- 

tioneeers 280 

Chapter 6.— Estrays 281 

Chapter 7.— viarks and brands 283 

Chapter 8. — Enclosures and fences 283 

Chapter 9. — Firing the woods 284 

Chapter 10.— Mills and Millers 285 

Chapter 11. — Gunpowder 286 



CONTENTS. 



TITLE XA'I. — Iici)idatio7is of Agricnltiire^ Trade, and Commerce. 



Clmptor 1 .— 

Anicle 1. 

Article 0. 

Article 3. 
liability 
Chaj^ter *^.— 
Cluiptcr ;>.- 

Article t. 

Article . 
Chapter 4.- 

Anicle 1 . 



-Hanks and Hanking 28G 

Bank returns 287 

ObliiXations and Penalties. 288 
Forteiture of Charters and 

of Stockholders 201 

-Notaries Public 20;} 

-Ships and Seamen 294 

Pilotage 205 

Seamen 304 

-Inspection 307 

Flour and grain 307 



Articles. AVood, Tobacco, etc 310 

Article 3 . Liquors 313 

Chaj^ter 5. — Weights and Measures. . . . 315 
Cha]iter (). — Regulations for particular 

branches of Trade and Agriculture. 310 

Article 1 . Cotton, Rice, etc. 31() 

Articles. Cultivation of Rice 310 

Article 3. 03^stcrs and Turtles 321 

Article 4. Fishing 322 

Article 5. Boats and Crews 323 

Article 0. Peddlers 324 



TITLE XVll.—Salaries and Fees of Officers. 



Chapter 1. — Executive Department and 

Officers thereof. : : 326 

Chapter 2. — Other OfQcers appointed 
by the Governor 327 



Chapter 3. — Officers not appointed by 

the Governor, but paid by the State 327 
Chapter 4. — The Legislative Department 328 
Chapters. — The Judicial Department. 328 



PAET SECOND. 

CIVIL CODE. 



TITLE L- 

Chapterl. — Of the different kinds of 
Persons — their Status and Rights. . 331 

Article 1 . Of C-'itizens 331 

Article 2. Of Aliens and Residents. . 333 



■Of Persons. 

Article 3. Of Persons of Color 334 

Article 4. Of Corporations 335 

Chapter 2. — Of Domicil, and the man- 
ner of changing the same 340 



TITLE II.— 0/ the Domestic Relations. 



Chapter 1.— Of Husband and Wife. ... 341 

Article 1. Of Marriage and Divorce. . 342 
Sec. 1. Marriages — how and by 

whom contracted . . 342 

Bee. 2. Divorces, and how obtained 345 
Sec. 3. Of Alimony 348 

Article 2. Of the Rights and Liabili- 
ties of Husband and Wife, and 
herein of Dower 350 

Article 3. Of Marriage Contracts and 

Settlements 354 

Chapter 2.— Of Parent and Child 355 

Article 1. Legitimate Children, and 
herein of Adoption 356 

Article 2. Illegitimate Children, or 
Bastards 358 



Chapter 3.— Of Guardian and Ward. . . 359 
Article 1. Guardians and Minors.... 359 
Sec. 1. How and by whom appoint- 
ed 360 

Sec. 2. Their Powers, Duties, and 

Liabilities 364 

Sec. 3. Settlements, Resignations, 

and Letters of Dismission 367 

Article 2. Guardians of Lunatics and 

Idiots 370 

Article 3. Foreign Guardians 373 

Chapter 4.— Of Master and Servant 374 

Article 1. Indented Servants and Ap- 
prentices 374 

Article 2. Laborers in Factories 377 



TITLE III. — Of Relations Arising from Other Contracts. 



Chapter 1.— Of Partnership 378 

Article 1. General Principles 378 

Article 2. liights and Liabilities of 
Partners among themselves 380 



Article 3. Rights and Liabilities as to 
Third Persons 381 

Article 4. Limited Partnerships 382 

Chapter 2.— Of Debtor and Creditor. . . 387 



CONTENTS.- 



xvu 



Article 1. General PrinciplcH .'}88 

Articles. Acts void against (Jredi tors ^>H1) 
Article 3. Mortgages and other J^iicns I>00 

Sec. 1. Mortgages 'dUO 

Sec. 2. Other J.iens Ji02 

Article 4. Insolvent Debtors JJ97 

Sec. 1. How Discharged 1597 

Sec. 2. Prison Bounds 401 

Sec. 3. Property Exempt Ironi Bale 401 

Article 5. Interest and Usury 404 

Chapter 3. — Of Bailments 405 

Article 1. General Principles 405 

Article 2. Of Carriers, and herein of 
Railroad and Steamboat Companies 40G 

Article 3. Of Hiring 409 

Article 4. Of Deposits 412 

Article 5. Of Loans 414 

Article 6. Of Mandates, Pledges, or 
Pawns 415 



Chapter 4. — Of J-'rJnei{ju] and Surety.. 417 

Article 1. Of the Cf^itract 417 

Article 2. itelative Kigiitsof Creditor 

and Surety 418 

Article 3. Kights of Surety against 

Principal 419 

Article 4. Rights of Sureties among 

themselves 422 

Article 5. Rights of Sureties as to 

Third Persons 422 

Chapter 5. Of Principal and Agent.. . . 423 
Article 1. Relation of Principal and 

Agent among themselves 423 

Article 2. Rights and Liabilities of 

Principal as to Third Persons 425 

Article 3. Rights and Liabilities of 

Agent to Tliird Persons 420 

Article 4. Of Overseers 428 



TITLE IV. — Of Property, and the Tenure hy which it is Held. 
Chapter 1.— Of Realty 429 | Chapter 2.— Of Personalty 432 



TITLE y. — Of Estates y and the Rights attached thereto. 



Chapter 1— Of Absolute Estates, or in 

Fee Simple 433 

Chapter 2.— Of Estates for Life 435 

Chapter 3.— Of Estates in Remainder 

and Reversion 436 

Chapter 4.— Of Estates for Years 438 

Chapter 5. — Of Landlord and Tenant. . 439 



Chapter 6. — Of Estates upon Condition 441 
Chapter 7. — Of Tenancy in Common . . 442 

Chapter 8.— Of Trust Estates 443 

Article 1. Of their Creation and Na- 
ture 443 

Article 2. Of Trustees, Appointments, 
Powers, etc 445 



TITLE VL— 0/ Title, and the Mode of Conveyance. 



Chapter 1.- 

Article 1. 

Article 2. 

Article 3. 

Article 4. 
Chapter 2.- 

Article 1. 



-Of Grants 449 

Grants Generally 449 

Of Head Rights 451 

Of Land Lotteries 454 

Of Processioning 454 

-OfTitlebyWill 456 

Of the Nature of Wills— by 

whom and how executed 457 

Article 2. Of Probate and its Effects 460 

Of the Executor 463 

Of Devises and Legacies. . 466 

Of Revocation 469 

Of Nuncupative Wills 470 

-Of Title by Descent and 



Article 3. 
Article 4. 
Article 5. 
Article 6. 
Chapter 3. 



Administration 471 

Article 1. Of Inheritable Property, 

and the Relative Rights of Heir 

and Administrator. 471 

Article 2. Of Administration 473 

Sec. 1. Different kinds of Adminis- 
trators, and Rules of Granting 
Letters 473 

Sec. 2. Oftheir Appointment, Bonds, 
r.i2d Removal ^6 

Sec. 3. Inventories, Appraisements, 
and Returns 479 



B 



Section 4. Of Managing the Estate, 

and Paying Debts 

Sec. 5. Of Receiving and Making 

Titles on Bonds for Titles 

Sec. 6. Of Administrator's Sales. . 
Sec. 7. Of Distribution, Advance- 
ments, and Provision for Family 
Sec. 8. Of Commissions and Extra 

Compensation 

Sec. 9. Of Final Settlements and 

Receipts, and herein of Interest. . 

Sec. 10. Of Letters of Dismission 

and Resignation 

Sec. 11. Of Removing Proceedings 

to Another County 

Sec. 12. Of Foreign Adm'rs 

Chapter 4.— Of Title by Judicial Sale. . 

Chapter 5.— Of Title by Contract 

Article 1 . Of Private Sales 

Articles. Of Gifts 

Chapter 6.— Of Title by Escheat and 

' Forfeiture 

Chapter 7.— Of Title by Prescription. . 
Chapt'^r 8. — Of Conveyance of Title. . 

Article 1 . Generally 

Article 2 . Of Covenants and War'nty 
Article 3. Of Registration 



481 

4aj 
486 

489 

493 

495 

497 

409 
50O 
500 
502 
502 
506 

508 
509 
511 
511 
513 
513 



xvin 



CONTENTS. 



TITLE YIL— Of Contracts. 



Cliuptor 1 . — GoiuimI Piim-iples 

ClinpUT )i.—0\' Iho P:irtii>i 

Chapter 'S. — 0( tlio C\)nj;iilonition 

Cuaplor 4.-01' llli-ual :uul \o\d Con- 

UixcA^ 

(^liapfcr ."). — Of ('(Uistruoiiou of Con- 

liac'i< 

CiiaptiT (>. — C«>nr( Contracts 

Uhripler 7.— Of Negolinblo Coutracts. . 

Article I. Of Negotiable Paper, and 
How Transferred 

Article 2. Of Indorsor's Notice and 
Protest 

ArticK' 'S. Of the Kights of Holders. 

Article 4. Of Damages 

Ciiapler 8. — C^f Contracts of Insurance. 

Article 1 . Fire Insurance 

Article 2. liife Insurance 

Article 8. Marine Insurance 

Article 4. ^lutual Insurance 



516 

518 

519 

520 

521 
523 
525 

525 

520 
527 
528 
529 
520 
582 
582 
584 



Chapter 9. — Of Defenses to Contracts. 

Article 1. Denial of the Contract. . . 

Article 2. Denial of its Obligation, 
and herein of Acts of Opposite 
P<uty 

Article 8. Pa.yments, and herein of 
Appropriation of Payments 

Article 4, Performance, and herein of 



535 
535 



Tender. 
Article 5 . 
Article G. 
Article 7. 



Accord and Satisfaction. . 
Arbitrament and Award. , 
Pendency of Another Ac- 
tion, and Former Recovery 

Article 8. Set-olf and Kecoupmont. . . . 
Article 9. Limitation of Actions. . . . 
Periods of Limitation. . . . 
Exceptions and Disabilities 
New Promise 



Sec. 1, 
Sec. 2. 
Sec. 8. 



Chapter 10. Of Breach of Contract, and 



Damages, 



53G 

537 

588 
589 
540 

541 
542 
548 
548 
545 
54(> 

547 



TITLE VIIL — Of Torts or Injuries to Person or Property. 



Chapter 1. — General Principles 

Cliapter 2. — Of Injuries to the Person.. 

Article 1. Physical Injuries 

Article 2. To Uei)utation 

Sec. 1. Libel and Slander 

Sec. 2. Malicious Prosecution 

Article 8. Other injuries to the Person 

Sec. 1. False Imi)risonment 

Sec. 2. 3Ialicious Arrest 

Sec. 8. Nuisances and other injuries 

to Health 

Sec. 4. Indirect injuries to Person. . 



549 
551 
552 
558 
558 
554 
555 
555 
556 

55G 
558 



Chapter 3.- 

Article 1. 

Article 2. 

Article 8. 
Chapter 4.— 

Article 1. 

Article 2. 
tender. 

Article 8. 

Article 4. 
Chapter 5.— 



■Of injuries to Property. . . , 

To real estate 

To personalty generally. . . 

By railroad companies 

■Of Defenses 

Justification 

Satisfaction, and herein of 



Limitation of Actions. 

Other Defenses 

Of Damages 



559 
559 
500 
5G1 
566 
5Ca 

567 

568 
568 
569 



TITLE IX.— 0/ Equittj. 



(Chapter 1. — General Principles 571 

Chapter 2.— Of Discovery 578 

Cliapter 8. — Of perpetuation of Testimo- 
ny 575 

Chapter 4.— Of Accident and Mistake.. 575 

Cliapter 5.— Of Account and Set-off 577 

Cliapter 6. — Of Administration of assets 579 

{;h;ipter 7.— Of Charities 580 

Chapter 8.— Of Election 581 

Chapter 9.— Of t lie Execution of Powers 582 
Chapter 10.— Of Fraud 588 



Chapter 11.— Of partition 584 

Chapter 12. — Of specific performance. . 585 

Chapter 18. — Of trusts and trustees 586 

Chapter 14. — Of extraordinary remedies 587 
Article 1. Of mandamus, quo warran- 
to, and prohibition 587 

Article 2. Of injunctions 588 

Article 8. Of ne exeat and quia timet 589 
Article 4. Of bills of peace and inter- 
pleader 591 



PAKT THIKD. 

THE CODE OF PRACTICE 



TITLE I. — Of the Judges, Sessions^ and Adjournments of Courts, 



Chapter 1.— Of the Supreme Court 598 

Chapter 2. — Of the Superior and Inferior 

Courts 594 

Article 1. Number and times of ses- 
sions 594 



Article 2. Of the adjournments of the 

Superior and Inferior Courts 598 

Chapter 8. — Of tlie Judges of the Supe- 
rior Courts 599 



CONTENTS. 



XIX 



TITLE II.- 

« 

Chapter 1. — General Principles fJOl 

Chapter 2.— Of Attachincnts 002 

Article 1. Of issuing AttaclimentH... . OOo 
Article 2. In whsit numner, on wliat 
property executed, and proceedings 

thereon 008 

Articled. Proceedings on (l;i,rtiishinent 010 
Article 4. Pleadings and Defenses. ... 012 
Article 5. Replevy, and disposition of 

property attached 015 

Article 6. Claims, and proceedings 

therein . 010 

Article 7. Lien of Attachments, Gar- 
nishments, and Executions 018 

•Chapter 8. — Of Petitions and Process. . 019 

Article 1. General Provisions 019 

Article 2. Particular Cases 021 

Chapter 3. — Article 2. — 



Of Actions. 

Hec. 1. Against joint, and joint and 

several (Jon tractors 622 

Sec. 2. In (jjectment 0253 

Sec 8. Against Corporation.s 025 

Sec. 4. Against Trustees 028 

Sec. 5. Against Kxecutors, Adminis- 
trators, and GuarfliMus 020 

Sec. 0. Particular Forms O^JO 

Chapter 4.— Of the Venue 034 

Chapter 5.— Of l^ail in Civil Cases O^iO 

Article 1. Bail at the Commencement 

of the Action 0'-!G 

Article 2. Bail pendente life 040 

Articled. Proceedings Against Bail. . Ml 
Article 4. Bail in Action for Personalty f>42 

Chapter 0.— Of Making Parties f>44 

Chapter 7. — Of Abatement, Retraxit, 

Dismissal, and Renewal of Actions 646 



TITLE III. — Of Defenses^ and Proceedingii Fending Action, 



Chapter 1. — Of Defenses — Pleas 048 

Article 1. General Provisions 648 

Article 2. Particular Pleas 650 

Sec. 1. To the Jurisdiction 650 

Sec. 2. Of Set-oif 651 

Sec. 3. Of Usury 652 

Sec. 4. Of Failure of Consideration 652 

Sec. 5, Of Non est Factum 652 

Sec. 6. Of other Pleas 658 

•Chapter 2. — Of Amendments 654 

Article 1. — General Principles 654 



Article 2. Particular Cases 

Sec. 1. Of Amending Verdicts, Judg- 
ments, and Execntions 

Sec. 2. Of Amending Official Re- 
turns 

Sec. 8. Of Amending Records 

Sec. 4. Of other Amendments 

Chapter 8. — Of the Production of Papers 

Chapter 4. — Of Continuances 

Chapter 5. — Of Garnishments 



656 

656 

057 
057 
658 
658 
062 
604 



TITLE IV.— 0/ the Verdict and Judgment. 



Chapter 1. — Of the Verdict and Judg- 
ment 668 

Article 1, Of the Verdict and its Re- 
ception 669 

[ Article 2. Of entering Judgments. ... 670 
Articles. Effect and Lien of Judgment 671 



Article 4. Of Attacking Judgments. . 673 
Article 5. Transfer of Judgments. . . . 675 
Article 6. Confession of Judgment. . . 675 
Article 7. Of dormant Judgments, and 
Revival thereof. 676 



TITLE Y.—Of Appeals. 



Chapter 1.— Of Appeals 677 

Article 1. In what Cases Allowed. , . . 677 
Article 2. When, by whom, and how 
Entered 678 



Article 3. Effect of Appeal 681 

Article 4. How and when tried 681 



TITLE YI.~0/ Executions. 



Chapter 1. — Of different kinds of Exe- 
cutions 682 

Article 1. When and how Issued and 
Returned 682 

Article 2. Ca. Sas., how Executed and 
Proceedings thereon 684 

Article 3. Of a FL Fa., how Levied, 
and Proceedings thereon 686 



Article 4. Of Sales under Execution — 

when and how made 687 

Article 5. Of the Satisfaction of Exe- 
cutions 689 

Chapter 2.— Of the Stay of Executions. 690 
Chapter 8.— Of tlie Illegality of Execu- 
tions ". 690 

Chapter 4. — Of Forthcoming Bonds .... 692 



XX. 



CONTENTS. 



TITLE VII.— Of Costs in Civil Cases. 



Chapter 1.— Costs in Civil Cases Cm 

Article 1. Uow Taxed 093 



Article 3. How Collected 095 

Chapter 2.— Fees of Officers of Court. . 095 



TITLE YIII.— i\^c?^ Trials. 



Chapter I.— Of New Tria^.s 705 

Article 1. B.v whom and for what 
causes allowed 705 



Article 2. When, where, and how 
tried 706 



TITLE IX.— 0/ Clai7ns. 

Cliapter 1. — Of claims to propert3^in ex- Article 2. When, where, and how tried 709 

ecution 707 Chapter 2. — Of claims at other judicial 

Article 1. How and by whom inter- sales 710 

posed ' 707 I 



TITLE X.—Of Evidence. 



Chapter 1. — General principles 711 

Chapter 2. — Of the rules governing the 

admission of testimony 713 

Article 1. Of the general rules 714 

Article 2. Of hearsay evidence 715 

Article 3. Of admissions and confes- 
sions 717 

Article 4. Of parol evidence to affect 

written 719 

Chapter 3. — Of discovery from parties.. 720 
Chapter 4. — Of records and other writ- 
ten evidence ... 721 

Article 1. Of records and public docu- 
ments 721 



Chapter 4. — 

Article 2. Of private writings 724 

Chapter 5. — ^Of oral testimony 725 

Article 1. Witnesses— their attendance 

and fees 720 

Article 2. Of the com^petency of wit- 
nesses 727 

Article 3. Of the examination of wit- 
nesses 729 

Chapter 6. — Of interrogatories and depo- 
sitions 731 

Chapter 7. — Of perpetuating testimony. 734 



TITLE XL— 0/ Juries. 



Chapter 1.— Of Grand Juries 735 

Article 1. Of the qualification of Grand 

Jurors 735 

Article 2. How selected, drawn, and 

summoned 735 

Article 3. Oath of the Grand Jury. . . 737 
Article 4. Of the power and duty of a 

Grand Jury 738 



Chapter 2. — Of Special Juries 739 

Chapter 3.— Of Petit Juries 740 

Article 1. Of the qualifications of Petit 

Jurors 741 

Article 2. How selected, drawn, sum- 
moned, and sworn 741 

Chapter 4. — Special Provisions 742 



TITLE XII. — Of Proceedings Against Officers of Court. 
Chapter 1. — Of Proceedings against Oflicers of Court 744 

TITLE XIII. — Of Proceedings to Foreclose Mortgages. 



Chapter 1. — Mortgage on Heal Estate — 

how foreclosed 747 

Article 1. Of the application — when 

and liow made 748 

Article 2. Defenses, Pleas — when and 

how made 748 

Article 3. Of the Judgment, Disposi- 

ijon of Property, etc 749 



Article 4. Of the proceeds of sale — 

how appropriated . . 749 

Chapter 2. Proceedings to foreclose a 

Moi tgage on Personalty. 750 

Article 1 . Of the application— by whom 

and how made 750 

Article 2. Of defenses — when and how 

made 751 



CONTENTS. xxi 



TITLE XIV.— 0/ Proceeding H to EHtahlish Jjoat Paper h. 



Chapter 1. — Lost pai)cra — when, where, 

and liow established 753 

Article 1. IIow established in the Su- 
perior Courts 75o 



Chapter 1. — Article 2. ifow established 

in a Justices' Court 755 

A rticle 3. Summary establishment of 
lost papers 7.5^ 



TITLE XY.—Of Proceedings^ to Obtain Partition. 



Chapter 1. — Partition of land — how ob- 
tained 758 

Article 1. When, where, and by whom 
the application must be made 758 

Article 2. Notice to parties — how giv- 
en, and upon whom served 750 

Article 3. Of the issuing, execution, 
and return of the writ 759 



Article 4. Defenses — when and where 

made 760 

Article 5. Of the judgment 700 

Article C. Of the remedy of parties 
absent from the State, under disa- 
bility, or not served with notice., , . 762 
Chapter 2. — Partition of personal prop- 
erty — how obtained 762 



TITLE XYL — Of Proceedings on Afplication for Habeas Corpus, 
Chapter 1. — Proceedings on application for Habeas Corpus 763 

TITLE XVII. — Of Possessor!/ Warrants, and Proceedings Thereon. 



Chapter 1. — Possessory warrants, and 

proceedings thereon 767 

Article 1. By whom and on what 
grounds the warrant may issue , . . 708 



Article 2. How executed and returned 768 
Article 3. Of the trial, judgment, and 
subsequent proceedings 769 



TITLE XVIII. — Of Proceedings on Trial of Citizenship. 
Chapter 1. Proceedings on trial of Citizenship „ 771 

TITLE XIX.— 0/ Proceedi/iigs to Obtain Dower. 
Chapter 1. — Proceedings to obtain Dower 772 

TITLE XX.— 0/ the Writ of Certiorari. . ' 



Chapter 1. — Of the writ of certiorari. . 774 
Article 1. In what cases the writ of 
certiorari lies 774 



Article 2. How obtained, and Pro- 
ceedings thereon 775 

Article 2. Of the answer, hearing, 
judgment and costs 777 



TITLE XXL — Proceedings against Trespassers on Lands, and Tenants 

Holding Over, 

Chapter 1. — Proceedings against tres- , Article 2; Proceedings against ten- 
passers on lands, and tenants hold- ants holding over 781 

ing over 780 Chapter 2 . — Forcible entry and detain- 

Article 1 . Proceedings against intru- er 784 

ders 780 1 

« 

TITLE XXII. — Proceedings for tlie Abatement of Nuisances, 
Chapter 1 . — Proceedings for the Abatement of Kuisances 786 



XXll 



CONTENTS. 



TITLE XXIII. — Of DujUi'sts, and Proceedings thereon. 
Chapter 1 . —Of Inquests, and Proceediugs thereon 787 

TITLE XXIV. — Of Proceedings in Courts of Ordinary, 



(.'hapter 1. — Proceedings in Courts of 

Ordinrtry 791 

Article 1. Sessions and adjournments 791 



Article 2. Practice in Courts of Ordi- 



nary 



(92 



TITLE XXV. — Of Proceedings of the Inferior Court, Sitting for County 

Purposes. 

Chapter 1. — Proceedings of the Inferior I Article 1. Sessions and adjournments 793 
Court, sitting for County Purposes. 793 ' Article 2. Proceedings therein 794 

TITLE XXVL— 0/ the Proceedings in Justices' Courts, 



Chapter 1. — Of the Proceedings in Jus- 
tices' Courts 795 

Article 1. When and where held. . . . 795 
Article 2. Jurisdiction of Justices' 

Courts 796 

Article 3. Commencement of suits, 
service and return of summons. . . 797 

Article 4. Pleas and defenses 799 

Article 5. Evidence, witnesses, intei- 
ro^ratories 799 



Article 6. Trial andjud^gment 800 

Article 7. Appeals 801 

Articles. Claims and trial thereof. . . 802 
Article 9. FinalJudgment and Execu- 
tion 803 

Article 10. Defaulting Constables, ju- 
rors, witnesses, and contempts — 

how punished 804 

Article 11. Levy and sale under ^. /a. 806 



TITLE XXVII. — Equity Pleading and Practice. 



Chapter 1.- -Of the bill and subpoena, 
and service thereof 807 

Chapter 2 . — Of demurrers, pleas, and an- 
swers 810 

Ch«pt«M-3. — ' )f interlocutory decrees,re- 
ceivcrs, musters, etc 812 



Chapter 4. — Of the trial and'its incidents 813 
Chapter 5. — Of the final decree and its 

enforcement 814 

Chapter 6. — Of other proceedings in 

chancery 815 



TITLE XXVIIL— 0/ Arbitration and Award, 



Chapter 1 . — Special provisions 816 

Article I . Of the submission 816 

Article 2. Of tlie organization and 

lieAring 817 

Article 3. Of continuances and ad- 
journments 818 

Article 4. Of the evidence and wit- 
nesses 818 



Article 5. Of the powers of arbitra- 
tors 819 

Article 6, Of the rendition and effect 
of the award 820 

Article 7. How attacked 820 

Article 8. Of costs and compensation 

of tlie arbitrators 820 

Chapter 2 . — General Principles 820 



TITLE XXIX. — Practice in Connection with the Supreme Court, 



Chapter 1. — Of Bills of Exception and I Chapter 2. Of Proceedings in the Su- 

Writ of Error 822 ' preme Court 827 



CONTENTS. 



xxiii 



PAirr FO UK i II. 



PENAL LAWF. 



TITLE I.— Penal Code. 



Div. 1. — Persons capable of commit- 
ting crimes 8r}l 

Div. 2. — Principles and accessories. .. . 883 
Div. li. — Crimes against the State and 

people 83 i 

Div. 4. — Climes against the person. . . 83G 
Div. 5. — Crimes against the habitation 844 
Div. 6. --Crimes relative to property. . 846 
Div. 7. --Forging and connterfeiting. . 858 
Div. 8. — Crimes against public justice 863 
Div. 9. — Against public peace and tran- 
quillity 872 

Div. 10. — Against public morality, 

health, police and decency 875 

Div. 11. — Cheats and swindlers 885 

Div. 12. — Fraudulent or malicious mis- 
chief 889 



Div. 13. — Indictment and proceedings 

to execution 893 

Div. 14. — Contemi)ts of Court and at- 
tempts to commit crimes 900 

Div. 15. — Proceedings in preliminary 

Courts 910 

Article 1. Proceeding prior to arrest 910 
Article 2. Of arrest and its conse- 

cpiences 912 

Article 3 . Of Courts of Inquiry, com- 
mitment and bail . 014 

Article 4. Of warrants for good beha- 
vior, and to keep the peace 917 

Article 5. Of search warrants 918 

Article 6. Of Proceedings in cases of 
bastardy 919 



TITLE 11. — Penitentiary Laws. 
Chapter 1 . — Penitentiary laws 



921 



TITLE 111.— Convicts. 



Chapter 1. — Convicts. 



926 



APPENDIX. 



Laws having Reference to the City of Savannah 929 

Constitution of Georgia 967 

Constitution of the United States 984 



MYISED CODE OF GEORGIA. 



PART FIRST— THE POLITICAL AND PUBLIC ORGAN- 
IZATION OF THE STATE. 
PART SECOND— THE CIVIL CODE. 
PART THIRD— THE CODE OF PRACTICE. 
PART FOURTH— THE PENAL LAWS. 



PRELIMINARY PROVISIONS. 



Section. 

1. Obligation of laws. 

2. Code — when and how to take effect. 

3. When "from and after passage." 

4. Rules for construction of statutes. 

5. Meaning of specific terms. 

6. Future operation of laws. 

7. Ignorance of law. 



Section. 

8. Lex Loci. 

9. Comity of States. 

10. Waiver of law. 

11. Local laws. 

12. Bonds of public officers. 

13. Bonds taken by public officers. 

14. Inspection of office books. 



of laws. 



§ 1. The laws of this State shall be thus graduated in reference obligation 
to their obligation : 

FiT%t. The Constitution of the United States. 

Second. Treaties entered into by the Federal Government within 
the scope of their power. 

TMi'd. Laws of the United States made in pursuance of the 
Constitution. 

Fourth. The Constitution of this State. 

Fifth. The Statutes of this State. 

Sixth. Such portions of the Common, Civil, Canon, and Statute 
Laws of England as were usually in force in the Province of Geor- 
gia prior to 14th May, A. D. 1776, which were applicable to the 
condition and habits of the people so far as the same are consonant 
with our form of government, and are not repealed, modified, 




TRELIMINARY PROVISIONS. 



con 

of statutes 



or superseded bj the provisions of [the Constitution and laws of 
this State.] (a) 

Seventh. The customs of any business or trade shall be binding 
only when it is of such universal practice as to justify the conclu- 
sion that it became, by implication, a part of the contract. 

§2. This Code shall take effect on the first day of January, 
cotie-when lS6o. All offcuscs Committed prior to that date shall be tried 

ana bow to ^ 

takeoivoot. .^^^^| punished under existing laws; and all rights, or obligations, 
or duties acquired or imposed by existing laws, shall remain valid 
and binding, notwithstanding the repeal or modification of such 
laws. 

§ 3. Public laws which in themselves prescribe specifically that 
"from^and ^^^^J ^^'® ^^ ^^^^ cffcct ''from and after their passage," shall not 
saga" ^'^* ^^ obligatory on the inhabitants until published in some public 
gazette; and three days shall be allowed, from the date of publi- 
cation, for every hundred miles distance from the Capital, before 
a knowledge of the law shall be presumed against the inhabitants. 

§4. The following rules shall govern the construction of all 
'"tru^ctiou statutory enactments in this State: 

First. The ordinary signification shall be applied to all words, 
except words of art, or connected with a particular trade or sub- 
ject-matter, when they shall have the signification attached to them 
by experts in such trade, or with reference to such subject-matter. 

Second. The present or past tense shall include the future. 

Third. The masculine gender shall include the feminine and 
neuter. 

Fourth. The singular or plural number shall each include the 
other, unless expressly excluded. 

Fifth. A joint authority given to any number of persons, or 
ofiicers, may be executed by a majority of them, unless it is other- 
wise declared. 

Sixth. A substantial compliance with any requisition of the 
Code, or laws amendatory thereof, especially on the part of public 
officers, shall be deemed and held sufficient, and no proceeding 
shall be declared void for want of such compliance, unless ex- 
pressly so provided by the enactment. 

Seventh. When a bond is required by law, an undertaking in 
writing, without seal, is sufficient; and in all bonds where the 
names of the obligors do not appear in the bond, but are sub- 
scribed thereto, they are bound thereby. 



(a) See further on this subject, Constitution of Georgia, Art. 5, Sec. 1, Par. 5. 



PRELIMINARY PROVISIONS. 3 

Mghth, When a number of days is prescribed for the exercise 
of any privilege, or the discharge of any duty, only the first or 
last day shall be counted ; and if the last day shall fall on the 
Sabbath, another day shall be allowed in the computation. 

Ninth. In all interpretations, the Courts shall look diligently 
for the intention of the General Assembly, keeping in view, at all 
times, the old law, the evil and the remedy. Grammatical errors 
shall not vitiate, and a transposition of words and clauses may be 
resorted to when the sentence or clause is vfithout meaning as it 
stands. 

§5. The following meaning shall be given to each of the follow- Meaning 
ing words in all statutes, unless a different meaning is apparent terms. * 
from the context: 

'^ Property '' includes real and personal property. 

'' Personal Property'' includes every thing except interests ex- 
ceeding a lease-hold in lands, tenements, and hereditaments. 
Stocks in incorporated companies, though the object of the com- 
pany is necessarily connected with the land, shall be held as per- 
sonal property. 

^'Person'' includes a corporation and persons of color. 

'^ Writing''' includes printing and all numerals. 

^^Oa^A" includes affirmation. 

'^ Signature, " or "" /Subscription," includes the mark of an illit- 
erate or infirm person. 

''Lunatic,"" ''Insane," qy " Non-Compos~Mentis," each includes 
all persons of unsound minds. 

"Negro" includes mulattoes. 

"Person of Color" means all such as have an admixture of 
negro blood. 

"Justice," when applied to magistrates, means Justice of the 
Peace. 

"Preceding" and "Aforesaid" mean generally next before, and 
"Following" next after, unless the context requires a different 
signification. 

"Month" means a calendar month. 

"Year" means a calendar vear, 

"Seal" shall include impressions on the paper itself, as well as 
impressions on wax or wafers. With the exception of official seals, 
a Scraiul, or any other mark intended as a seal, shall be held as 
such. 

Highivay" or "Road^" includes bridges upon the same. 



ii. 



rKELIMIXARY PRO VISIONS. 



crati 



§0. La^vs proscribe only for the future; tlie}^ can not impair the 
Future op- QJ^li^T^tion of contracts, nor irenerally have a retrospective opera- 
^'^^ tion. LaAvs k">oking only to the remedy or mode of trial, may 

apply to contracts, rights, and offenses entered into, accrued, or 
committed prior to their passage; but in every case a reasonable 
time subsequent to the passage of the statute should be allowed 
for the citizen to enforce his contract, or protect his right. 

§7. Laws, after promulgation, are obligatory upon all inhabi- 
iiinonnce tjints of tliis State, and io;norance of the law excuses no one. 

ol law. ' a 

§ 8. The validity, form, and effects of all writings or contracts are 

La Loci, determined by the laws of the place where executed. When such 

writing or contract is intended to have effect in this State, it must 

be executed in conformity to the laws of this State, excepting wills 

of personalty of persons domiciled in another State or country. 

§9. The laws of other States and foreign nations shall have 

Comity of no forco and effect of themselves within this State, further than is 

States. ' 



provided by the Constitution of the United States, and is recog- 
nized by the comity of States. The Courts shall enforce this 
comity, until restrained by the General Assembly, so long as its 
enforcement is not contrary to the policy or prejudicial to the 
interests of this State. 

§10. Laws made for the preservation of public order or good 

Waiver of uiorals can not be done away with or abrogated by any agreement; 

but a person may^ waive or renounce what the law has established 

in his favor, when he does not thereby injure others or affect the 

public interest. 

§11. If there is a law in force at the time of the adoption of 
Local laws, this Codo, having entirely a local application, such local law is 
not repealed by this Code, unless so expressly declared. 

§12. All bonds taken from public officers shall be kept in the 
Bond? of places specified by law, and copies thereof shall be furnished to 

public ofli- 1 • • , 1 n • ^ -11 11 

ccrs. any person desmng them, feuits thereon may be brought by any 

person aggrieved by the official misconduct of the officer, in his 
own name, in any Court having jurisdiction thereof, without an 
order for that purpose. 

§13. All bonds taken by public officers, under the laws of this 

Bonds taken State, shall bc rctumed to the offices specified by law; and any 

fibers. person interested therein may bring suit thereon, in ms own name, 
in any Court having jurisdiction thereof. 

§ 14. All books kept by any public officer, under the laws of this 

Tn-p^-ct-^ri of State, shall be subject to the inspection of all the citizens of this 
State, within office hours, every day except Sundays and holidays. 



RT I. 

THE POLITICAL AND PUBLIC ORGANIZATION OF 

THE STATE. 



TITLE L 

DIVISIONS AND JURISDICTIONS. 



CHAPTER I. 

'OF THE BOUNDxiRY, SOVEREIGNTY, AND JURISDICTION OF 

THE STATE. 



Article 1. — The Boundary of the State. 

Article 2. — The Sovereignty and Jurisdiction of the State, 

Article 3. — Coast Survey. 



ARTICLE L 

THE BOUNBARY OF THE STATE. 



Section. 

15. Boundary ©f tlis State. 

16. Line between Ga. and S. Carolina. 

17. Between Ga., N. C, and Tennessee. 



Section. 

18. Between Georgia and Alabama. 

19. Between Georgia and Florida. 



^15. The boundaries of Geor2;ia, as deduced from tlie Constitu- Boundaries 

^ . . of the State 

(fcion of Georgia, the Convention of Beaufort, the Articles of of Georgia. 
Cession and Agreement entered into on the 24th April, 1802, the 
Resolution of the General Assembly of December 8th, 1826, and 
the adjudications and compromises affecting Alabama and Florida, 
are as follows: 

From the sea, or the mouth of the river Savannah, along the 
stream thereof to the fork or confluence made by the rivers Keo- 
wee and Tuo-alo, and thence alonoj said river Tuo;alo until the 
fork or confluence made by said Tugalo and the river Chattooga, 
and up and along the same to the point where it touches the 
northern boundary line of South Carolina and the southern 
boundary line of North Carolina, which is at a point on the thirty- 



(3 FT. 1.— TIT. 1.— CIIAP. 1.— Boundary, Sovereignty, etc. 

Articlo I. — The Hoiimlnrv of the State. 

fifth parallel of north latitude, reserving all the islands in said 
rivers Savannah, Tugalo, and Chattooga, to Georgia; thence on 
said line of said thirtj-fifth parallel, from said point of intersec- 
tion, and on and along said line west, to a point where it merges 
into and becomes the northern boundary line of Alabama — it being 
the point fixed by the survey of the State of Georgia, and known 
as Nickajack; thence in a direct line to the great bend of Chat- 
tahoochee river, called Miller's Bend — it being the line run and 
marked by said survey : and thence along and down the western 
bank of said Chattahoochee, along the line or limit of high-water 
mark to its junction with Flint river; thence along a certain line 
of survey, made by Gustavus J. Orr, a surveyor on the part of 
Georgia, and W. Whitner, a surveyor on the part of Florida, be- 
ginning at a fore-and-aft tree, about four chains below the present 
junction; thence along this line east, to a point designated Thirty- 
Seven Links Nortt of Ellicott's Mound on the St. Mary's river; 
thence along the middle of said river to the Atlantic Ocean, and 
from thence to the mouth or inlet of said Savannah river, to the 
place of beginning; including all the lands, waters, islands, and 
jurisdictional rights within said limits, and also all the islands 
within twenty marine leagues of the sea coast. 

§16. The boundary between Georgia and South Carolina shall 
Line be- ]^q i\^q \\yiq described as running from the mouth of the river 

tween Geor- o 

giaands. c. Savannah, up said river and the rivers Tugalo and Chattooga, to 
the point where the last-named river intersects with the thirty-fifth 
parallel of north latitude, conforming, as much as possible, to the 
line agreed on by the Commissioners of said States at Beaufort ^ 
on the 28th April, 1T87. 

§17. The boundary between Georgia and North Carolina, and 
twJ'Jn Geor- Croorgia and Tennessee, shall be the line described as the thirty- 
am/Gl?r'?a ^^^^ parallel of north latitude, from the point of its intersection 
and Tennes- 1^^ ^^le YivcY Chattooga, wost to the placc Called Nickajack. 

§18. The boundary line between Georgia and Alabama shall 
Line be- })e the line described from Nickaiack to "Miller's Bend" on the 

tween Ge(fr- ^ '^ 

^'ia and Ala- Chattahoocheo, and down said river to its iunction with the Flint. 

bama. ' «^ 

§19. The boundary line between Georgia and Florida shall be 
L'.r.e be- the line described from the iunction of the Flint and Chattahoo- 

tween Geor- •^ 

giaandFia. chce Hvers to the point Thirty-Seven Links North of Ellicott's 
Mound, on the St. Mary's river; thence down said river to the 
Atlantic Ocean. 



PT. 1.— TIT. 1.— CHAP. 1.— Boundary, Sovekeignty, etc. 



Article 2. — The Sovereignty and Jurisdiction of tlic State. 



ARTICLE II. 

THE SOVEREIGNTY AND JURISDICTION OF THE STATE. 



Section. 

20. Jurisdiction as to places. 

21. Jurisdiction as to persons. 



Section. 

22. Governor must defend suits— when. 



§20. The sovereignty and jurisdiction of this State extends to soverci'/nty 
all places within the limits of her boundaries, except so far as she ti"n — as' to 
has voluntarily ceded the same to the United States, or adjacent 
States, over particular localities. 

§21. The jurisdiction of this State and its laws extend to all Jurisdiction 
persons while within its limits, whether as citizens, denizens, or 
temporary sojourners. 

§22. When any suit is instituted against the State, or against TheOover- 

, T o 1 - 1 1 n 1 • nor must de- 

any person, m the result oi which the otate has an interest, fend suits in 

t f, , . . . • 1 • • ■which the 

under pretense oi any claim inconsistent with its sovereignty, state is in- 
jurisdiction, or rights, the Governor shall, in his discretion, pro- 
vide for the defense of such suit, unless otherwise specially pro- 
vided for. 



ARTICLE III. 

COAST SURVEY. 



Section. 

23. Persons employed in coast survey. 

24. Damages to land-owners — awarded. 

25. Award — objections thereto, issue, etc. 



Section. 

26. How costs may be avoided. 

27. Amount of tlie costs. 



§ 23. Any person employed under the Act of the Congress of Pi-iviieges of 

1 TT ' 1 r^ .T«/» n -y Ooiist bur- 

the United States, providing for a survey of the coasts, may enter veyors. 
upon lands and clear or cut timber within this State upon the 
same, for any purpose legitimately connected with, and requisite 
to effect, the said object: provided no unnecessary injury be done 
thereby, and all damages to the owner of the land be promptly 
paid. 

§ 24. If the parties representing the Government of the United Damages to 
btates, and the owner or possessor oi the land so entered upon, ers — how 

awarded, 

can not agree upon the amount to be paid for said damages, either 
party may complain in a summary manner to the nearest Justice 
of the Peace of the Countv within which the land lies, who shall 
associate with him two disinterested freeholders of the County — one 



8 VT. 1.— TIT. 1.— CHAP. 1.— Boundary, Sovereignty, etc. 

Article 8. — Coast iSiuTcy. 

to be named by each party interested — who shall, upon hearing the 
parties, and -svitli or -without view of the premises, as they may 
determine, proceed to assess and award the damages, if any: ]J7'o- 
vidcd the party complaining shall give the opposite party ten days' 
notice, in writing, of the time and place, when and where, said 
complaint is to be heard, and the name of the freeholder by him 
selected. 

§25. The said assessors, without unreasonable delay, shall file 
Awani— tlieir award in the office of the Clerk of the Inferior Court of the 

obiootions 

ofl^suo!^' County, which shall be conclusive upon both parties, unless objec- 
tions are filed to the same within ten days after the filing of the 
award. If objections are filed, the other party shall have written 
notice; whereupon an issue shall be made and tried at the first 
term thereafter of said Court, under the same rules as other civil 
cases. 

§26. The person so entering upon lands may tender such 

Costs avoid- amount as he chooses for the damage done, and if the dama2:es 

ed by tender o 7 o 

of damages, finally asscsscd shall not exceed the sum tendered, the party com- 
plaining shall pay all costs. 

§ 27. The costs before the Justice and in the Inferior Court, 
Amount of siij^ 11 j^g ^i^q game as are allowed by law in civil cases in said 

costs. •' 

Courts. 



CHAPTER II. 

THE POLITICAL AND JUDICIAL DIVISIONS OF THE STATE. 



Article 1. — Counties. 

Article 2. — Congressional Districts, 

Article 3. — Judicial District and Circuits, 



PT. 1.— TIT. 1.— CHAP. 2.— Political Divisions of the State. 9 



Article 1. — Counties. 



ARTICLE I. 



C U N T I E S. 



Section. 

28. Names and limits of Counties. 

29. Cases belonging to new Counties. 

30. Unexecuted processes transferred. 

31. Officers cut off into new Counties. 

32. Officers of adjacent County may act. 

33. Juries for new Counties. 

34. Extra tax in new Counties. 



Skction. 
35. Who miiy qualify officers. 
3G, Executors, etc., cutoff into new County. 

37. When Counties arc divided by a f-trcam. 

38. Offenses committed on water courses. 

39. Offenses committed on ?joundary line. 

40. Counties entitled to two Kep'sentatives 

41. Ileprcsentation from new Co. — when. 



§28. The State is divided into the following Counties, whose 
boundaries and limits shall be ascertained by the several acts >^>ii^es and 

^ li in 1 1 s or 

laying off the same, and those amendatory thereof — viz : counties. 



Appling, 

Baker, 

Baldwin, 

Banks, 

[Bartow,] (a) 

Berrien, 

Bibb, 

Brooks, 

Bryan, 

Bullock, 

Burke, 

Butts, 

Callioun, 

Camden, 

Campbell 

Carroll, 

Catoosa, 

Cliarlton, 

Chatham, 

Chattahoochee, 

Chattooga, 

Cherokee, 

Clarke, 

Clay, 

Clayton, 

Clinch, 

Cobb, 



Coffee, 

Columbia, 

Colquitt, 

Coweta, 

Crawford, 

Dade, 

Dawson, 

Decatur, 

DeKalb, 

Dooly, 

Dougherty, 

Early, 

Echols, 

Effingham, 

Elbert, 

Emanuel, 

Fannin, 

Fayette, 

Floyd, 

Forsyth 

Franklin, 

Fulton, 

Gilmer, 

Glasscock, 

Glynn, 

Green, 

Gordon, 



Gwinnett, 

Habersham, 

Hall, 

Plancock, 

Haralson, 

Harris, 

Hart, 

Heard, 

Henry, 

Houston, 

Irwin, 

Jackson, 

Jasper, 

Jefferson, 

Johnson, 

Jones, 

Laurens, 

Lee, 

Liberty, 

Lincoln. 

Lowndes, 

Lumpkin, 

Macon, 

Madison, 

Marion, 

Mcintosh, 



Meriwether, 

Miller, 

Milton, 

Mitchell, 

Monroe, 

Montgomery, 

Morgan, 

Murray, 

Muscogee, 

Newton, 

Oglethorpe, 

Paulding, 

Pickens, 

Pierce, 

Pike, 

Polk, 

Pulaski, 

Putnam, 

Quitman, 

Rabun, 

Randolph, 

Richmond, 

Schley, 

Scriven, 

Spalding, 

Stewart, 

Makino: 



Sumter, 
Talbot, 
Taliaferro, 
Tattnall, 
Taylor, 
Terrell, 
Telfair, 
Thomas, 
Towns, 
Troup, 
Twiggs, 
Union, 
Upson, 
Walker, 
Walton, 
Ware, 
Warren, 
Washington, 
Wayne, 
Webster, 
White, 
Wilcox, 
Wilkes, 
Wilkinson, 
Whitfield, 
Worth. 
133 Counties. 



§29. When anew County is organized, the jurisdiction of all 
suits pending in the County, or Counties, from which the new" County casos to 
has been laid off, of which, under the Constitution and Laws ofred'to^new 
this State, the new County should have cognizance, is transferred "^"^^ ^' 
immediately to the corresponding Court in such new County, 

(a) Acts of 1861, p. 101. 



10 TT. 1.— TTT. 1.— CIIAr. '2.— Political Divisions of the State. 

Article 1. — Comities. 

together with all the Court papers pertaining thereto, to which 
shall be attached the certificate of the Clerk of the Court from 
whence they came, that they are the proper papers of the suit, 
and the amount of costs accrued therein, the amount then due, 
and by what persons paid; for which certificate the Clerk must 
receive, from the person asking the transfer, the costs then due, 
unless he makes oath that, owing to his poverty, he is not able to 
pay the costs. 

§ 30. All process (mesne or final) or paper requiring some ofii- 

cial act to be done by any officer of the Counties from which the 

rnox-ecuted ncw Countv is taken, and which can not be done by reason of the 

En>cess to "^ ^ ^ *' ^ 

transfer- crcation of Said new County, must, without delay, be transmitted 

red to uew "^ ' _ ' ^ *> ^ 

County. by the same to the corresponding officer in the new County, and if 
proceedings have been had thereon, and not finally disposed of, 
the officer of the new County must proceed as though the paper 
had been originally in his hands ; but publication of the times and 
places of sale, and proceedings of like character, shall be in the 
manner prescribed by law. 

§ol. All ministerial officers in commission, included within the 

limits of the new County, hold their commissions and exercise the 

officorscut duties of their office until their commissions expire and their suc- 

county to ccssors are elected and qualified, unless there is more than one for 

retain their i'/^- 'i-tp 

CO rami 8- the samc office; and m new Counties ors^anized entirely from one 

sions. . 

County, all the officers of the old County are authorized to exercise 

their respective duties in the new County until the proper officers 

Officers of are elected and qualified; and Justices of the Peace comprised in 

old County . . . 

I" act until the ucw Couuty, whose districts are not materially disturbed by 
new Comity thc liucs of the ncw County, retain their offices and their district 

arc qualified. >' ' 

until their commissions expire. 

§ 32. When any new County, as organized, is without a person 

authorized to act as Clerk, or Sheriff, or both, a corresponding 

When there officer in any adjoining; County may exercise the duties of such 

are no offa- »/ «^ o j j 

STunt'' "n7- ^ffi^G^j i^ issuing, serving, and returning process, until said new 
"£fE C'^^nty is supplied. 

eerved. ^ go^ r^]^^ Justiccs of the Inferior Court of the new County, 

aided by the Clerks of the Superior and Inferior Courts and Sher- 

Jnriesfrra iff, shall, without delay after their qualification, make a Grand 

ty-how or- and Petit Jury box, and draw therefrom, pursuant to law, panels [of 

jurors] (a) in time for the succeeding term of the Superior Court ; 

(a) Acts of 1865-6, p. 71. 



PT. 1.— TIT. 1.— CHAP. 2.— Political DivrsiONS of the State. 11 

Article 1. — Coimtios. 

and if, by the organization of the now County, the panels already 
drawn for the old Counties arc disturbed, the Justices of the Infe- 
rior Courts of said Counties, or two of them, or one, if only one 
remaining, may, at any time before the next term of said Courts, 
draw, to supply said deficiency, the requisite number of Grand 
and Petit Jurors. 

§ 84. The Justices of the Inferior Court of the new County may Extra tax in 

•^ new County. 

levy, for the first year after their qualification, an extra tax, for 
County purposes, of such per cent, upon the State tax as may.be 
necessary, according to their discretion and the terms of the act 
of organization. 

§ 35. The Governor may direct the dedimus potestatum for the vrho may 

•'^ -'■ ^ qualify new 

qualification of said Inferior Court, to the Judge of the Superior officers. 
Court of the Circuit, any Justice of the Inferior Court, or Judge 
of the County Court, or any Justice of the Peace embraced within 
its limits, and in default of either, to any Justice of the Inferior 
Court of an adjoining County, and the qualification under it is 
legal. 

§ 36. Any executors, administrators, or guardians, making re- Executors, 

r^ ' & ...,., etc., cutoff. 

turns to the Ordinary of the old County, and residing within the 
limits of the new County when organized, may make their returns 
to, and perform all their ofiicial acts with, the Ordinary thereof; 
and when any such act is done, the jurisdiction is changed to the 
new County, and such trustee shall file with the Ordinary of the 
new County, to be recorded by him, a certified copy of all his acts 
from the Ordinary of the old County. 

§ 37. Whenever a stream of water is the boundary of a County, whenCoun- 

•^ *^ ties are divi- 

the iurisdiction of the County shall extend to the center of the ^'^'^^y^"«■a• 
^ *^ "^ ter course. 

main channel of such stream ; and if an offense is committed on 
such stream, and the evidence on the trial does not definitely dis- 
close in which County it was committed, the Courts of either 
County may maintain jurisdiction for the trial and punishment of 
the offender. 

§ 38. Whenever an offense is committed on the waters of any ^Jien water 

•'course ui- 

river which forms a boundary between this and any other State, ^'i'H^ g^*^^- 

•^ ►'7 gia from an- 

the whole of which river belongs to Georgia, the County which is ^^^^^^ ^^^*^- 
situate on the side of the river opposite the point where the offense 
is committed has jurisdiction of the same ; and if the evidence on 
the trial does not definitely disclose on which side of the line, 
between two Counties, at the place where it touches the river, the 



12 TT. 1.— TIT. 1.— CHAP. 2.— roLixiCAL Divisions of the State. 

Article 1. — Couiilios, 

offense was committed, the Courts of either County may maintain 

jurisdiction. 

§ 39. This State ch\ims jurisdiction of an offense committed on 
juris.M<-({on ^riy pf \^qy bouudarv lines with other States for the County bor- 
on b-MiTHiHiy J ^j.jj^^ on that part of the line wdiere the offense was committed, 
VtKTfitoflV*^ and if doubtful as to which of two Counties (as set forth in the 

other btatcs. v 

preceding Section), for either County, and will proceed to arrest, 
indict, try, and execute, until such other State shall make a 
deijiand for the accused as a fugitive from justice; in Avhich event 
the progress of the case shall be suspended by order of the Gov- 
ernor until the question of jurisdiction is settled. 

§ 40. The Counties of Bibb, Burke, [Bartow,] (a) Carroll, Chat- 
The Conn- bam, Cherokee, Clarke, Coweta, Cobb, Columbia, Decatur, Floyd, 

ties ontuk'd ' ' . . 7 »/ 7 

to two Kep- Fulton, Gordon, Greene, Gwinnett, Hancock, Harris, Hall, Henry, 

rest-ntatives ' ' ' ' " t y j y 

iature.^'^'*' H^uston, Jacksou, Meriwether, Monroe, Muscogee, Newton, Ogle- 
thorpe, Richmond, Stewart, Sumter, Talbot, Thomas, Troup, 
Walton, Walker, Washington, and Whitfield, being thirty-seven, 
are entitled to two Representatives ; and all other Counties as the 
Constitution prescribes. 

§ 41. There shall be no representation in either branch of the 

scnSion^Tf Cr^neral Assembly from any new County until after the next reg- 

untii^nTx't^^^^' clcction for members of the same, but the Senators and Rep- 

tion^afteMt rescntatives already elected from the Counties forming the new 

IS orfe'amzed. Qo^^^^^y shall scrvc out the term for which they were elected, without 

regard to their residence in or out of the old Counties ; and all 

vacancies by death, resignation, or removal, shall be filled by the 

County where the member resided at the time of his election. 



ARTICLE ir. 

CONGRESSIONAL DISTRICTS. 

Section. i Skctiox. 

42. Congressional Districts. I 43. New Counties— where attacliccl. 

§ 42. [Conforming to the last apportionment of members of the 
contrros- Housc of Representatives of the United States Congress, there 
iricts — of shall be in this State seven Congressional Districts, constituted as 
ties each is follows. Until changed by act of the General Assembly — viz: 

The First District shall include the Counties of Appling, Ber- 

(a) Acts of 18G1, p. 101. 



PT. 1.— TIT. 1.— CHAP. 2.— Political Divisions of the State. Vd 



Article 2. — Congressional Districts. 



ricn, Brooks, Bryan, Bullock, Camden, Charlton, Chatham, Clinch, 
Coffee, Colquitt, Echols, Effingham, Emanuel, Glynn, Irwin, 
Johnson, Laurens, Liberty, Lowndes, Mcintosh, Montgomery, 
Pierce, Tattnall, Telfair, Thomas, Ware, and Wayne. 

The Second District shall include the Counties of Baker, Cal- 
houn, Chattahoochee, Clay, Decatur, Dooly, Dougherty, Early, 
Houston, Lee, Macon, Marion, Miller, Mitchell, Pulaski, Quitman, 
Randolph, Schley, Stewart, Sumter, Terrell, Webster, Wilcox, 
and Worth. 

The Third District shall include the Counties of Campbell, 
Carroll, Clayton, CoAveta, Fayette, Haralson, Harris, Heard, 
Meriwether, Muscogee, Paulding, Talbot, Taylor, and Troup. 

The Fourth District shall include the Counties of Baldw^in, Bibb, 
Butts, Crawford, Henry, Jasper, Jones, Monroe, Newton, Pike, 
Putnam, Spalding, Twiggs, Upson, and Wilkinson. 

The Fifth District shall include the Counties of Burke, Colum- 
bia, Elbert, Glasscock, Greene, Hancock, Jeff'erson, Lincoln, Mor- 
gan, Oglethorpe, Bichmond, Scriven, Taliaferro, Warren, Wash- 
ington, and Wilkes. 

The Sixth District shall include the Counties of Banks, Clarke, 
Davrson, Fannin, Forsyth, Franklin, Gilmer, Gwinnett, Haber- 
sham, Hall, Hart, Jackson, Lumpkin, Madison, Milton, Pickens, 
Rabun, Towns, Union, Walton, and White. 

The Seventh District shall include the Counties of Bartow, 
Catoosa, Chattooga, Cherokee, Cobb, Dade, DeKalb, Floyd, Ful- 
ton, Gordon, Murray, Polk, Walker, and Whitfield.] (a) 

§43. If in the organization of a new County there is an omis- where new 
sion to specify to which Congressional District it belongs, it shall loa'S'^^wiiet 
be attached to that from which most of its representative popula- ''^^ ^^ ^^'^^ ' 
tion has been taken, according to the Federal basis, wdiich shall 
be determined by the Governor, if necessary, at any time before 
legislation, to remedy the omission. 

(a) Journal of Georgia Convention of 1865, p. 226; Acts of 1865-6, p. 36. 



14 TT. 1.— TIT. 2.— Citizenship. 

Chapter 1. — AVlio arc Citizens. 



ARTICLE III. 

JUDICIAL DISTRICT AND CIRCUITS. 

Skctiox. I Section. 

44. Judicial District and Circxiits. ' 45. To what Circuit a new County belongs. 

§44. The entire State constitutes one Supreme Judicial District, 
Judicial and is divided into sixteen Judicial Circuits in reference to the 
Circuits.' jurisdiction and sessions of the Superior Court; tables of which 
will be found in Part III., Title I. • 

§45. If any new County is organized with an omission to attach 
Juir^jr\?ew it to any Judicial Circuit, it belongs to the Circuit from which 
longl'^ ^ most of its territory is taken. 



TITLE 11. 

OF CITIZENSHIP. 



Chapter 1. — Who are Citizens. 
Chapter 2. — As to Uxpatriation, 



CHAPTER I. 

WHO AIIE CITIZENS 



Section. 

46. AVho are citizens of Georgia. 

47. "Who are not white persons. 



Section. 

48. Persons prohibited from citizenship. 



§46. All white persons born in this State, or in any other State 
whoarecit-of this Union, who are, or may become, residents of this State, 

izens of tb's . , , . . ^ . . , . n i • i 

State. With the intention ot remaining herein ; all white persons natural- 

ized under the laws of the United States, and who are, or may 
become, residents of this State, with the intention of remaining 
herein ; all persons who have obtained a right to citizenship under 
former laws, and all children wherever born, whose father was a 
citizen of this State at the time of the birth of such children, or 
in case of posthumous children at the time of his death, are held 
and deemed citizens of this State. 



PT. 1.— TIT. 2.— Citizenship. 



15 



Chapter 2. — Expatriation. 



§47. Persons having one-eighth or more of negro or African 
blood in their veins, are not white persons in the meaning of this 
Code. 

§48. No person transported or banished from other countries 
or States, within or out of the United States, for crime involving 
moral turpitude, are permitted to reside in or become citizens of 
this State. 



"Whoarepcr- 
iK^nu of color. 



Who can not 
become citi- 
zen. s of this 
State. 



CHAPTER II. 



AS TO EXPATRIATION. 



Section. 

49. How citizenship may be renounced. 

50. When citizenship ceases. 



Section. 

51. How citizenship is acquired. 



§49. Except in time of war, every citizen shall have the right 
of expatriation, with a view to become a citizen of another State 
or country not a part of the United States, with which this State 
is at peace. The declaration or avowal of such intention, accom- 
panied by actual removal, is held a renunciation of all his rights 
and duties as a citizen. 

§50. Until citizenship is acquired elsewhere, after compliance 
with the terms of Section No. 49, the person continues a citizen 
of Georgia and of the United States. 

§51. If a person, having been thus expatriated, acquires citi- 
zenship under some foreign power, he and his descendants who go 
with him for the purpose of residence can be a citizen of this 
State again only after a residence of three years herein, and 
taking the oath of allegiance, as in case of other foreigners. 



How citizen- 
ship may be 
renounced. 



When 

citizenship 

ceases. 



How citizen- 
ship may bs 
again acqui- 
red. 



TITLE III. 

OF THE EXECUTIVE DEPARTMENT. 



Chapter 1. — The G-overnor : his Poivers and Duties, 
Chapter 2. — The Executive Office and Secretaries. 
Chapter 3. — State House Officers — Secretary of State, etc. 
Chapter 4. — Offices connected with the Executive Department. 
Chapter 5. — Megulations as to all JExecutive Offices and Officers, 



10 



FT. 1. — TIT. 3. — Executive DsrAKTMENT. 



Chapter 1.— The Governor: his Powers and Duties not spccilied in the Constitutiou. 



THE GOYEKNOR 



Sectiox. 



CHAPTER I. 

IIIS POWERS AND DUTIES NOT SPECIFIED IN" 
THE CONSTITUTION. 



52. Governor's inauc;uvation. 

53. His oath to be taken. 

54. He may call out the militia. 

55. 3Iay call out militia aud A-oluntccrs. 

56. Shall cause fusitivcc! to be arrested. 

57. Deliver fugitives from other States. 

58. Delivery suspended in certain cases. 

59. Fugitives not demanded. 

60. Warrants for the arrest of fugitives. 

61. lie may offer rewai'ds. 

62. May appoint Commissioners of Deeds. 



Section. 

63. He must commission officers, 

64. Shall issue grants to lands. 

65. Shall protect the public property. 

66. Shall appoint officers and fill vacancies. 

67. His Secretaries and other officers. 

68. OtFicers of public institutions. 

69. He may employ special agents. 

70. May suspend collection of taxes. 

71. Payments from the Treasury. 

72. CertaJn records to be kept. 

73. Seal of the Executive Department. 



§ 52. The Governor elect shall begin the discharge of his duties 
Governor's from the time of his inauguration. The ceremony of inauguration 

inauguration ^ ° »/ o 

shall take place during the first week of the session of the Gene- 
ral Assembly next after the election, and on such day of that 
week as the General Assembly, by joint resolution, appoints. On 
failure of appointment, it takes place at 12 o'clock, meridian, on 
Saturday of that week, unless prevented by providential causes. 
§ 53. The oath prescribed by the 5th Paragraph of the 1st 
His oath to Section of the 3d Article of the Constitution of this State, and 

be taken in ^ 

tiieTe^'isia- ^^® ^^^^ ^^ support the Constitution of the United States, shall 
^^^^- be taken by the Governor elect in the presence of the General 

Assembly. 

§ 54. It is the duty of the Governor to see that the laws are 
May call out exccutcd. For this purpose he has power, as Commander-in-Chief, 

military— i i i t ^ ^ ^ 

when. ' ^Q gj^ii oi;it the military whenever, in his discretion, the due 
enforcement of the process of the Courts is so resisted and set at 
defiance as to require such interposition. 

%bb. In case of invasion or insurrection, the Governor has 

May call out y^QT^ (J J. ^Q Call out all voluutccr military companies, or the militia, 

the military 1 j l i i 

in c'a.«c of Qj. i^oth, for the defense of the State, until such time as the Gene- 

Insurrcc'ion * ' 

or Invasion. ^.^ Assembly meet; and when so called into action, he has power 
to make all necessary provision for their transportation, accom- 
modation, equipment, and support. 
Shall cause § ^^- Whencvcr there is found within this State a fugitive 
fu^fr^TfvVs ^i*c>m justice from a foreign State, and by the treaty stipulations 
Sillltries.'^'" of the United States such person is to be surrendered up to 



PT. 1. — TIT. 3. — Executive Department. 17 



Chapter 1. — Tlu; (}ov(tnu>v : his PowcrH juid Dutios not spccinod in iho Constitution. 



the authorities of such foreign State upon requisition from the 
proper officers, the Governor, by his warrant, shall cause him to 
be arrested and delivered over to such officer. 

§57. It is the duty of the Governor, under his warrant, to cause "-^ ^^'^ji 
to be arrested and delivered up to the proper officers of any other '';:*» Jj"''^ 

III J othfcr htates 

State of the United States, any fugitive from justice from «aid J;j,^';;^j^J'^'jj^^^ 
State, upon demand made of him by the Executive of such other ^'■^''^• 
State in the manner prescribed by the laws and Constitution of 
the United States. And if such fugitive shall have assumed 
another name in this State, and the Governor is satisfied, by evi- 
dence on oath filed in his office, of the identity of such person 
with the fugitive demanded, he shall state the fact in his warrant 
for the arrest. 

§ 58. If any person demanded as a fugitive from lustice is, at shaii sns- 
the time of such demand, under prosecution for an offense against i'^'^'T of a 

' ^ ^ fugitive in 

the laws of this State, the Governor shall suspend his delivery certaincases. 
until the issue is determined as to his guilt, and if condemned, 
until he shall have suffered the penalty of the law imposed. 

§59. When a person, charged with the commission of an offense nowfud- 
in some other State, shall flee into this, and is pursued and caught, mandedshaii 

■I'd n ^• iTi !• ••11 ^® disfjosed 

or some person m this btate, findmg, shall arrest him, it is the auty of. 
of the Governor, on oath filed in his office of the commission of 
the offense, and the identity and locality of the party, to issue his 
warrant for his arrest, as in other cases, and command his lodg- 
ment in any jail in the State, for as long as twenty days, and if, 
at their expiration, there is no formal demand made by the Gov- 
ernor of the State where the offense is alleged to be committed, he 
shall be discharged from custody; but upon affidavit, made before 
any proper officer, of the commission of the offense and of such 
intended application, the accused shall be held under it five days. 

§60. When the Governor or other officer issues such, or any officers 
other warrant of arrest, it is the duty of the Sheriffs, their Depu- cute war- 
ties. Coroners, and Constables, to execute them when placed in 
their hands. 

§ 61. The Governor shall, in his discretion, offer, and cause to Mav offer 
be paid, rewards for the detection or apprehension of the perpe- the arrest of 
trator of any felony committed within this State; but no such 
reward shall be paid to any officer who shall arrest such person in 
the regular discharge of his duty, by virtue of process in his 
2 



18 PT. 1. — TIT. o. — Executive Department. 

Chapter 1. — Tlu- Oovernor: his Pcnvers nnd T)ntios not specilied in the Constitution. 

haiuls to be executed, nor to any person who has arrested the 
otYender previous to the publication of the reward. 

§6-. lie shall have power to appoint, in other States and Ter- 
May nrroint i-i^Qi-i^^g Qf the United States, Commissioners to take and certify 
fu 'VtYer ^^^^ acknowledgment or proof of deeds or other conveyance of 
8iat«s. property in this State, of depositions under commissions or other- 
wise, of powers of attorney, (of wills executed by persons devising 
or bequeathing property within the State,) and of other instruments 
in writing required to be attested under the laws of this State. 
§63. lie shall grant commissions to all such officers of this 
com"nlSons State, including Senators and Representatives in Congress, as are 
ek-ct hf thS I'equired to hold them, and in all cases he may, in his discretion, 
^"^*" issue a dcdimu& potestatem to such officers as are authorized to 

administer oaths requiring the qualification of the officer elect, as 
provided by law, and to issue to him his commission. The forms 
of all commissions shall be in the discretion of the Governor. 
Commissions thus issued are final, except where the Constitution 
and laws otherwise provide. 

§64. He shall issue all grants to lands under the laws of this 

gr?ntsTo State, but such shall not be conclusive, but subject to the investi- 

^*°^ gation of the Courts; and whenever such are declared by the 

proper Court to have been wrongly issued, it is his duty to issue 

another grant in accordance with such decision, if it so requires. 

§ Qb. He shall have general supervision over all property of the 

Shall super- State, witli powcr to make all necessary regulations for the pro- 
vise public ' ^ •/ O i 

propertyami tectiou thcrcof, whcu not othcrwisc provided for. He must assis-n 

thecaS!° rooms in the Capitol to all officers who must hold their offices 

there, and, in the absence of any legislative provision, designate 

the purpose for which other rooms are to be applied. 

§ ^Q. He shall appoint all officers and fill all vacancies, unless 

Shall ap- otherwise prescribed by the Constitution and laws. All appoint- 
point oflncers i »j i i 

andfiiiaiiva- ments to dischar^c a public duty, by the General Assembly, or 

cancics not o i J t j j i 

provided for. ]jy. ^j^g Govcmor Under its authority, are declared to be offices 
within the meaning of the Constitution. 

§67. Ho has the power of appointing the following officers, 
May appoint -yv-ho shall hold their offices during the time for which he is Gover- 

and remove •-' 

his secreta- j^qj. subjcct to bc rcmovcd at his pleasure — viz: 

and oth- " ^ ^ 

[Two] (a) Secretaries of the Executive Department; 
(a) Constitution, Art. 3, Sec. 2, Clause 10. 



ncs 

er officers. 



PT. 1. — TIT. 3. — Executive Department. 19 



Chapter 1. — The Governor: his Powers and Duties not specified in the Constitution. 



A Messenger for his office ; 

A State Librarian ; 

A guard for the Capitol buihlings; 

A person to keep the Capitol grounds and other State proper- 
ty at the seat of Government in proper order. 

§68. He shall also appoint all the officers of the following May appoint 
State Institutions named in this Code, and laws hereafter enacted the Asylums 
amendatory thereof, unless menials, servants, day-laborers, or of tho w.'& 
otherwise reciuircd — viz: keeperofthe 

^ ^ arsenals. 

Officers of the Penitentiary; 

Trustees of the Lunatic Asylum ; 

Trustees of the Asylum for the Deaf and Dumb ; 

Trustees of the Asylum for the Blind ; 

Officers of the Western and Atlantic Railroad; 

Keepers of the Arsenal and Public Arms. 

§69. And he has power to engage the services of any com- May em- 
petent person for the discharge of any duty required by the laws, a-ents — 
and essential to the interests of the Statue, or necessary, in an 
emergency, to preserve the property or funds of the State. 

§ 70. The Governor may suspend the collection of the taxes, or May sus- 
any part thereof, due the State, until the meeting of the next lection of 
General Assembly, but not longer ; nor shall he otherwise interfere 
with the collection thereof. 

§ 71. All payments from the Treasury, unless otherwise pro- payments 
vided, shall be made upon the warrant of the Governor, and he Treasury — 
may withhold his approval on any account audited and certified by 
the Comptroller General. The warrant shall always specify on 
what appropriation or fund it is drawn. 

§ 72. The Governor shall cause to be kept and preserved in the shaii cause 

to be kej>t a 

Executive Office the following books of record : journal, ibis 

" , ^ ^ official acts. 

1. A journal or minute book, showing all of his official acts. 

2. A book of appropriations, in which shall be entered a full a book of 
account of all annual appropriations, setting forth the amounts tions?^^*'*' 
under their appropriate heads, together with the date of his war- 
rant for such appropriation, and in whose favor drawn. 

3. A book giving a statement of the public debt of the State, a book of 
the dates and numbers of the bonds issued, in whose favor, and debt. 

for what amounts, the date of payment and the disposition thereof; 
also, a full and accurate account of all sums of money that are set 
apart as a sinking fund for the redemption of the public debt, par- 



20 PT. 1. — TIT. 3. — Executive Department. 

Chap'Ai- 1.— Tho Governor : his Powei"S and Duties not specified in the Constitution. 

tieularly setting forth the amount for the several specific purposes, 
when drawn, and in whose favor drawn. 

4. A book in which shall be kept copies of all bonds of agents, 

t.<^ds'*^ami disbursing public funds ; also a schedule of all bonds and other 

the st.nu\"° cvidecccs of debt due to the State, and the disposition made thereof. 

A book of o. A book of commissions, showing the dates when issued, for 

onfficTrJ"^ all officers, civil and military, in this State. 

A book of ^' ^^ook showing the exact condition of the Educational Fund 
ti^fnafruSd of this State, and the annual income thereof. 

7. A book or books containing a list of the respective numbers, 
Aland book, clistricts, scctious, and Counties of the several lots of land dis- 
posed of by the several land lotteries, and the names of the 
drawers of each, to whom and when granted, and a similar sched- 
ule of all lands sold by the State, by whom purchased, and to 
whom and when granted. 

8. He shall also keep, and cause to be carefully filed away, 
Anindexto pj^operly marked or numbered, all documents appertaining to his 

office, whether there as the place of deposit or received by mail 
or express, and keep a book as an index or key to the same. 

9. And any other books or files that, in his judgment, his De- 
iry Sr partment needs. 

§73. There shall be a seal of the Executive Department. The 
se^L*^*^"^'^^ device shall be the same as that now used therein, and shall not be 
altered except by authority of the General Assembly. 



CHAPTER II. 

THE EXECUTIVE OFFICE AND RESIDENCE OF THE GOVEPvNOR. 

Section. i Skction. 

74. Where Executive Office must be kept. I 75. Where the Governor must reside. 



§74. The Executive Office shall be in the State House at the 
wherothe seat of Government. If, from any cause, there is no State House, 

Executive . ' .; ? 7 

osficeshaii or it has to be abandoned, then at such place at the seat of Gov- 

be. ' ^ 

ernment, as the Governor may direct, and not elsewhere, unless 

made necessary from invasion, insurrection, pestilence, or rebellion. 

§ 75. The Governor shall reside at the seat of Government dur- 

Governor s . -i • , n m 

residence. msT his term 01 oiTice. 



PT. 1.— TIT. 8.— CHAP. 3.— Executive Department. 21 



Article 1. — The Hecretary of State. 



CHAPTER III. 

THE SECRETARY OF STATE, TREASURER, AND COMPTROLLER 

GENERAL. 



Article 1. — The Secretary of State. 

Article 2. — Tlie State Treasurer. 
Article 3. — The Comptroller Greneral, 



ARTICLE I. 

OF THE SECRETARY OF STATE, 



Section. 

76. LDnd of Secretary of State. 

77. Must reside at the CapitaL 

78. Must furnish applicants with records. 

79. He shall receive no perquisites. 



Srctiox. 
80. Sec. State and Surv. Gen. consolidated. 
8L The Great Seal of the State. 

82. Other duties. 

83. Shall not speculate in wild lands. 



§76. Before entering on the duties of his office he shall exe- Bonciofthe 
cute a bond with sufficient securities, to be approved by the Gov- state. 
ernor, in the sum of ten thousand dollars, conditioned for the 
faithful performance of all the duties of his said office and all 
such duties as shall be required of him by the General Assembly 
or the laws of this State, and for a faithful account of all the 
public money or effects that may come into his hands during his 
continuance in office. It shall be filed in the Executive Office, and 
a copv thereof, certified by one of the Governor's Secretaries, certified 
under the seal of the Executive Department, shall be received in ^'^^'^^■ 
evidence in lieu of the original in any of the Courts of this State. 

§ 77. He shall be provided with suitable apartments in the State He shaii 
Capitol, furnished at the State's expense. He shall reside at the fiee in the 
Capital, and keep his office open daily, Sundays and holidays ex- 
cepted. 

§ 78. He shall furnish to all applicants, upon the payment of He shaii 
the prescribed fees, copies of all records and public documents of'recordT'^ 
vfithin his office, and shall attach the Great Seal of the State to 
such transcripts as the Governor or General Assembly may direct. 

§ 79. He shall receive no perquisites for any official act, but the He shaii 
fees prescribed shall be collected by him, and paid into the State qStes.^^' 
Treasury. 

§80. [The offices of Secretary of State and Surveyor General sec.of state 

licd Snrvev- 

are consolidated, and the Secretary of State is required to discharsfe '■^r General 

- . "^ ••■ "^ consolidated 

the duties of both of said offices^] (a) 

(a) Acts of 1865-6, page 249 ; Acts of 1861, page 73. 



22 PT. 1.— TIT. 3.— CHAP. 3.— Executive Department. 

Article 1. — The Secretary of State. 



1. It is his duty to keep the Great Seal of the State, the origi- 
ns shall nal Acts passed bv the General Assembly, and all the public re- 

koop the seal ^ ^ *' . . . " 

and comin cords of tlic State not appertainin(]f specially to other offices. He 

papers. sliall look to and preserve the records and papers belonging to 

the Senate and House of Representatives. He shall see that the 

original Journals of both Houses are deposited in and kept in his 

office. 

2. He shall attest all grants, and other public documents re- 
te?f grants quiring the Great Seal of the State, issuing from the Executive of 

and other pa- ,•, cio. j. 

pers. the otate. 

Shall keep ^' Hc shall kccp a record, in proper books, of all grants issued 
g.a"r' "' by the State. 

4. He shall keep safely all bonds of agents appointed to dis- 

Shall keep i i i • 

bonds. burse public money. 

5. He shall provide all fuel, lights, servants, or other contin- 
shaii fur- gcuts neccssary for the General Assembly ; also, all stationery for 

nish fuel, ^ 

lights, sta- their use, and shall report the amount oi the same to the i^mance 

tionery. etc., 

for the' Gen- Committee of the House of Representatives before the adiourn- 

eral Assem- -^ "^ ^ 

Wj. ment of the session. He shall perform all other duties required 

of him by law, or which necessarily attach to his office. 

§ 81. The Great Seal of the State, adopted February 8th, 
Great Seal 1799, and now on deposit in the office of Secretary of State, is as 

be kept in 7 r »/ ? 



G 

to be kept 

his office. follows I 



1. It is of silver, and the size of two-and-a-quarter inches in 



Description diameter. 

of Seal. 



2. The device on one side is a view of the sea shore, with a 
ship bearing the flag of the United States riding at anchor near 
a wharf, receiving on board hogsheads of tobacco and bales of 
cotton, emblematic of the exports of this State ; at a small dis- 
tance a boat, landing from the interior of the State, with hogs- 
heads, etc., on board, representing her internal traffic ; in the 
back part of the same side a man in the act of plowing, and at 
a small distance a flock of sheep in different pastures, shaded by 
a flourishing tree ; the motto thereon, Agriculture and Commerce, 
1799. 

3. The device on the other side is three pillars supporting an 
arch, with the word Constitution engraven within the same, em- 
blematic of the Constitution, supported by the three Departments 
of Government — viz., the Legislative, Judicial, and Executive — 
the first pillar having engraven on it ''Wisdom," the second 
"Justice," the third "Moderation;" on the right of the last 



PT. l.—TIT. 



-CHAP. 3. — Executive Department. 



28 



Arliclc 1.— The Secretary of State. 



pillar a man standing with a drawn sword, representing the aid 
of the military in the defense of the Constitution ; the motto, 
State of Georgia, 1799. 

§ 82. The Secretary of State shall also discharge the following 
duties heretofore devolving on the Surveyor General — to wit : 

1. To keep safely all the records of plats of land granted, and lucord of 
to report the condition of such records to the Governor at least 
once a year. 



plat3. 



2. To record all plats of land legally authenticated and return- To rc^^rd 
ed to him by the several County Surveyors, or other surveyors 
acting by authority, for which grants are sought, and to attach the 
originals thereof to the grants. 

. 3. To keep in his office correct maps of all the different surveys shaii keep 
(made by State authority) and of those comprising the land lotte- ve^^s. 
ries, their divisions into numbers, districts, sections, and the like, 
having for every district a separate map. 

4. To keep a resjister of the various grantees thereto, and the ^^^}'^ ^'<^«p 

^ o o 'a register of 

dates of the grants. grantees. 

5. To keep correct maps of all surveys of rivers, harbors. Must keep 
swamps, or land, made by the special direction of the General As- vey/ of Yii 

1 T rivers, etc. 

sembly. 

6. He shall, when necessary, contract for the execution of new May have 

1 • r» • f» 1 1 1 • 1 "^^^ maps 

maps, or the re-execution of, or repairs of, old maps, subject to the n^-ide, and 
ratification of the General Assembly. paired. 

7. He must certify under his official seal, as the Comptroller Must dve 
General is directed in Section 100. pe^s!''^ ^* 

§ 83. He shall not, directly or indirectly, be interested or enga- shaii not 
ged in the purchase and sale of wild lands on speculation, on pain wMiands.^^ 
of removal by the Governor or the General Assembly. 



ARTICLE 11. 



THE STATE TREASURER, 



SECTI0I7. 

84. Treasurer's bond. 

85. His rights and duties. 

86. His duties specified. 

87. His office subject to inspection. 



Section. 

88. Must settle with successor — when. 

89. How dealt with on failure to settle. 

90. He shall keep a book of State bonds 

91. May have a clerk— salary. 



§ 84. The State Treasurer must give a bond, conditioned the Treasurer 
same as that of the Secretary of State, for the sum of two hun- bond. ^'^^ 



24 TT. 1.— TIT. 3.— CHAP. 3.— Executive Department. 

Article 2.— The State Treasurer. 

Jrod thousand dollars, and subject to the same rules and regula- 
tions. 

§ S5. His rights and duties are the same as those of the Secre- 

Hi3 risrhts tary of State, set forth in Sections 77 and 78, except the use of 

Mnu> .13 the the Great Seal. He shall receive no perquisites for any official 

Secrvtsry of . i i j 

6t3to. ■ act, but the fees prescribed shall be collected by him and paid into 
tlie State Treasury. 

§ 86. It is moreover the duty of the State Treasurer — 

1. To receive and keep safely all the money which shall be paid 
rubiio funds to him in behalf of the State, rG:ivina; certificates therefor, which 

— how kept 7 LG a ? 

and disburs- certificates shall specially set forth the amount, on what account, 
and by whom paid, and shall be lodged as vouchers in the Comp- 
troller's office,] (a) and to pay out the same, only upon the 
warrants of the Governor, when countersigned by the Comp- 
troller General, excepting the drafts of the President of the Sen- 
ate and Speaker of the House of Representatives, for the sums 
due to the members and officers of their respective bodies. 

2. To keep in his office a book, in which shall be entered all 
Shall keep a vTarrauts drawn on him by the Executive, stating; in whose favor 

book of war- «^ / o 

rants drawn drawu, the date, the amount thereof, and to what fund chargjed, 

on Lim. ' ' ' o 7 

and to retain and file away carefully all such warrants. 

3. To keep annually an account of all taxes that may be due 
Hisdiityas and Unpaid by the several chartered banks, and to enforce the 

toanaccount n-i n i ^ ii-p t i 

ofuxt-s. collection tnereoi, agreeable to the laws m lorce ; also to keep an 
account of all taxes paid into the Treasury annually by the Tax 
Collectors of the several Counties. An abstract of these accounts 
must be laid before the Governor. 

4. And preceding each annual session, he must submit to the 
Mnst Fiib- Governor detailed estimates of the probable receipts and expendi- 

m't estimate ^ '■ ^ 

of probable turcs, for tho next fiscal year, stating the sources of income and 

rcci-ipts and ' »/ ^ o 

expenditure, ^^e probablc amouuts to be received therefrom ; also the objects 
of appropriation and the probable necessities of the Treasury. 

5. To pay all funds pledged to the payment of the public debt 
Must pay or iutcrcst thereon, or to any object of education, and to these 

plfdtr*>d or i i • • n 

appropriated oojects Only, auQ in nowisc to any other purpose ; all payments 
per objects, from the Treasury shall be paid from the fund appropriated for 
such purpose, and not from any other. 

6. At the end of every quarter of the year to make a written 
Must make rcport, on oath, to the Governor, of the several amounts received 

quarterly re- ^ ^ ^ 

r>ortrt 10 the ^y him durinff the three months preceding such report. 

Governor. ./ ■ o i o i 

(a) Acts of 18G1, p. 81 ; Cobb's U.D., pp. 1022-23. 



PT. 1.— TIT. 3.— CHAP. 3.— Executive Department. 25 

Article 2. — The State Treasurer. 

7. To keep safely the scrip for bank stock, the State bonds, Hhaii kt^-p 
and other evidences of the Educational Fund, and manage and J,,^^* ^'etociri 
control the same for the purposes to which they are pledged. He ^^'^' 
may, under the direction of the Governor, deposit all funds set 

apart for the purpose of Education, or any other purpose not re- irndcrtho 
quired for immediate use, in any chartered bank of this State, 'lirection, ho 
subject to his draft as Treasurer, and with the Governor make f"''"^'' ^^ 

^ _ ^ ^ bank. 

such contract with said bank for the use of such funds as may 
be beneficial to the State. 

8. He shall not, under any circumstances, use himself, or allow shaiinotuse 
others to use, the funds of the State in his hands; and for every the state. 
violation of this section, he is liable to the State for the sum of 

five hundred dollars as a penalty, or a forfeiture of salary, if said Penalty. 
forfeiture will pay the penalty incurred. 

9. He is authorized to pay all ofiicers of the State whose sala- iiemay pay 
ries are fixed by law seventy-five per cent, of the amount for of salaries] 
which service has actually been rendered at the date of said pay- warrants. 
ment, taking receipts for the same, which shall be his vouchers 

and offsets to Executive warrants for said salary ; and may also 
pay members of the General Assembly in the same way, when 
their accounts are duly audited, unless prevented by the resolution 
of either or both branches of the General Assembly. 

10. He shall annually report to the Governor the amount of shaii report 

•^ J- amount and 

the State debt bearing interest for each year, distinguishing be- pubL"£bt° 
tween the sterling bonds, if any, and federal ; the rate per cent, 
paid upon each kind of bonds ; the amount upon each rate paid ; 
also the exchange, if any, and the aggregate amount of interest 
paid in each year, and the amount due and unpaid at each semi- 
annual payment, and the reasons for such non-payment. 

11. When he pays the interest or principal of the State debt [jj^i^j^/g^f^c- 
upon a warrant issued in his favor, he shall deposit in the Execu- coup^ons^or 
tive Office coupons, or bonds, on which the payments are made, ^*^"^^^- 
there to be marked "Paid" and filed away, subject to the order of the 
General Assembl}^. 

12. He shall not pay any appropriation due and not called for si^-iu not 

. . . V^y appro- 

within six months after the expiration of the political year for pn.itionsnct 

•*■ i »/ called forwi- 

which it is appropriated, but it reverts to the general fund in the !^^^^^^ ?-^^° 
Treasury. 

13. All reports required to be made to the Governor by the 
Treasurer shall be made annually, on or before the 15th of Octo- 



26 PT. 1.— TIT. 3.— CHAP. 3.-~Executive Department. 

Article 2.— The State Treasurer, 
ber, and shall be filed in his office, and by hiin laid before the 

All reports ..■,,. ^ 

mftiio to tho General Assembly in connection with his first annual message 

Governor to *' ° 

be filed. thereafter. 

§ 87. The Governor may exercise a general superintendence 

Treasuror's over the officc of State Treasurer not inconsistent with the pro- 
office pub- .. •ITP'-II 1 

ject to Gov- visions prescribed lor it by law, and may, at any time, appoint 

ernor's in- ^ ,. n i rv^ n 

Bpection. somc Competent person to examine into the state of such office, for 

any period of time he may designate, and report its condition to 

Governor him, and shall have power to require of such Treasurer to with- 

may order 

deposit tobe di'aw tlic pubUc funds from any place of deposit deemed unsafe by 

withdrawn. ^ ./ r i j 

him. 

Treasurer § 88. If thc Trcasurcr resign, or is removed, he must, within ten 
must^ settk' days thereafter, state his accounts and deliver the books, papers, 
cessor iVteu and moucy of the Treasury to his successor, taking his receipt 

' ' ,, therefor, and the Comptroller must record a statement of such 

Comptroller ' i^ 

must record settlement and receipt in his office, and report the same forthwith 

settlement i: '1 

AJ^ to the Governor. 

§ 89. If the Treasurer fail to comply with the provisions of the 
HowTreas- preceding section, or if he dies, absconds, or absents himself with- 
withwhenhe out Sufficient cause for as long as thirty days, the Comptroller, 

is in delault .. , . ,,... ,,. 

alter giving ten days notice, by publication m some public gazette 
at the seat of Government, must proceed, and in the presence of 
any person who may appear in behalf of the late State Treasurer, 
to state his account and deliver the books, papers, money, and all 
other appurtenances of the office, to his successor, taking his re- 
ceipt therefor, and record and file such statement and receipt in 
his office, and report forthwith to the Governor. 

§ 90. The Treasurer shall keep a book in which he shall record 
Shall keep a a description of all the bonds heretofore or hereafter issued by 
bonds, and this State, and in said book shall note all bonds paid, and the date 

their pay- 

ment. of payment, and all coupons paid on each, and the date of their 

payment. 

§91. [The Treasurer is authorized to employ a suitable person 
May appoint as clcrk to assist him in the duties of his office, and to remove 
clerk. him at his pleasure ; and such clerk shall receive a salary of six- 

Baiary. tccn hundred dollars per annum.] (a) 

(a) Acts of 18G3-4, page 77 ; Acts of 1865-6, page 250. 



PT. 1.-— TIT. 3.— CHAP. 3.— Executive Department. 



27 



Article 'i. — TJie Comptroller General. 



ARTICLE III. 



or TUB COMPTUOLLEll GENERAL. 



Section. 

92. Comptroller's ))on<l. 

93. His riR-hts and duties. 

94. His duties specified. 

95. Annual report to the Governor. 

96. His authority. 

97. Improvements in revenue laws. 

98. Book of appropriations and warrants. 



Skctiox. 

90. iJonds of Tax Collector and Receiver. 

100. Must give copies of office papers. 

101. ]-)(;] ivory of office to successor. 

102. Additional fees. 
lO.'j. Additional duties. 

104. Shall not speculate in wild lands. 

105. May have clerk — salary. 



Ilis ricrhts 
and duties. 



S 92. The Comptroller General must ^ive a bond, conditioned Bond of 

^ f. ci n ^ n Comptroller 

the same as that of the Secretary of State, for the sum of twenty General. 
thousand dollars, subject to the same rules and regulations. 

§ 93. His rights and duties are the same as those of the Secre- 
tary of State, set forth in Sections 77 and 78, except the use of 
the Great Seal. He shall receive no perquisites for any official 
act, but the fees prescribed shall be collected by him and paid into 
the State Treasury. 

§94. It is moreover the duty of the Comptroller General — shaiikeep 

-I m 1 1 • T 1 • • 1 *^^ account 

1. 10 keep an account snowing the several appropriations author- ofappropria- 



tion5. 



sign 
warrants. 



ized by law, the time when the same are drawn from the Treasury, 
in whose favor, and to what fund charged. 

2. To [examine, check, and] (a) countersign all warrants upon counter 
the Treasury drawn by the Governor, [President, and Speaker, 
and charge the amount thereof to the funds on which they may 

be respectively drawn, previous to their being presented to the 
Treasurer for payment.] (b) 

3. To audit all accounts aejainst the State, and allow or reiect Must audit 

^^ *' accounts T3. 

the same before they are submitted to the Governor. the state. 

4. To examine all the digests of tax returns forwarded to his Mustcxam- 
otnce by the several lieceivers, and note and correct all mistakes tify tas di- 
therein, and notify the Collector of such corrections. 

5. [To settle with the several Tax Collectors and all other per- Must settle 
sons indebted to the State, and in all cases where payments may lectors,' and 

1 1 im • • f* ^ n -I 1 Others. 

be made at the Treasury to give receipts for the same, founded 
on the Treasurer's certificates.] (c) 

6. To collect all amounts due from defaultino; Collectors of Taxes, 9^"^<^<^ ^J^^^ 
and issue execution therefor, against them and their securities. 



(a) Acts of 1861, pa,Q:e 81, and Cobb's Digest, pages 1022-23. (b) Acts of 1861, 
page 81, and Cobb's Digest, pages 1022-23. (c) Acts of 1861, page 81, and Cobb's 
Digest, pages 1022-23. 



is due from 
defaulting 
Tax Collec- 
tors. 



28 PT. 1.— TIT. 3.— CHAP. 3.— Executive Department. 

Article 3. — The Comptroller Grenenil. 

7. To see that no draft or warrant be countersigned by him, to 
Comptroiior jje paid out of any appropriated fund, after the same has been 
|;["j Ji^j^^'J-jJ^I^ exhausted ; and in such case, or in any case of illegal payments 
Sv""^*'""'" f^'^^^ ^^^^ Treasury upon warrants countersigned by the Comp- 
troller, he, as well as the Treasurer, with all their securities, are 
jointly and severally liable upon their several bonds for the repay- 
ment of such amounts, with all expenses of prosecution, to the 
State. 

8. To issue his draft, payable to the Treasurer, for the amounts 
dnifi'for"tAx- of all dividends or taxes due by chartered banks in this State, or 

es duo from •r>r''ii tp-i i 

banks; if not bv the as^cucies 01 iorei2;n banks, and on lailure to pay the same, 

raid, issue "^ . ^ . , „^ ^ *^ 

execution, to issuc cxccution tliercfor. 
„ , „ 9. To receive and keep safely and collect all evidences of debt 

He shall ^ •^ 

receive all j^. ^q i\^q gtatc from any Other source than taxes, and pay over 

moneys due »' J i */ 

^'llLi'f.L^*^ the same to the Treasurer as soon as received. 

1 reasurer. 

10. To notify the Attorney and Solicitors General, or any other 
qui^eTcTort Attorney, in his discretion, of all executions against defaulting 
iiTvsami So- Tax Collcctors, and require of them annually a report of the state 
eSi^" *^"' or condition of such executions prior to the session of each Gen- 
eral Assembly, 
wfs^^s^ncl 11- To keep a book in which to enter all bonds taken since the 
irigina"is."''' third day of March, 1856, and to file the originals in his office. 
Shall cause 12. To havc made suitable indexes to the record books in his 

books to be rY> 
indexed. OlllCe. 

13. To audit the accounts of all as-ents disbursing public 

Must audit ° or 

accounts. mOUCy. 

Shall annu- §^5. To make a report annually to the Governor, showing — 
to^the'^Gov^ 1. An account current, from his books, between the Treasurer 
ernor. ^j^j ^^iQ State of all rcccipts and payments, including amounts 

paid on the drafts of the President and Speaker, as reported to 

him by the Treasurer. 

2. A statement of the taxes paid to the State by each of the 
b '^^■''eY'^ h C<^^^ticS) ^s appears by the digest thereof, and the Counties whose 
County. Collectors are in default, and the amount of such default. 

3. A statement of all evidences of debt due the State and un- 
Debts due collected, which may remain in his office, the condition of the 

to the State. ' "^ ' 

same, the name of the Solicitor or Attorney having it in charge, 
and his report of it. 

4. A statement of the Educational Fund of the State, its an- 
al Fund.*^" nual income, the amounts paid out, when, and to whom. 



PT. 1.— TIT. 3. —CHAP. 3.— Executive Department. 29 

Articlo '.). — The Comptroller General. 

5. A statement of the condition of the public debt of the 
State, the amount of interest paid, and the fund from v/hich paid. 

6. A statement of the accounts of all officers and agents dis- 
bursing public money, and the names of such as have failed to ,^/^*',';[',°"ey 
comply with the laws relating to their offices and appointments, af?«="t»' 
and the several sums for which they are in default. Salaries an«i 

T. Tlie salaries and pay of all officers of the State. S.^^ ^^" 

8. The incidental expenses of the General Assembly, Executive in^^i'i'-ntai 
and Judicial Departments. 

9. All sums paid or due to individuals by special contract. oncontraas^ 
§ 96. He has authority — 

1. To settle up the business of the office for previous years. business^*^ 

2. To allow Receivers and Collectors of Taxes their commis- aiso, toai- 
sions, and to balance the tax books and other books of the office sionstoXax 

Collectors. 

upon satisfactory proof of payment or settlement. 

3. To collect all unpaid taxes of previous years. paid taxes. 
§ 97. In his annual report the Comptroller General shall sucr- iie may 

, . . . ^ ^ ^ . . . ^ suc'-c-st im- 

gest such improvements m the Kevenue Laws as his experience piovements 

, , -"^ In Eevenue 

and observation may approve. His report must be made at the ^aws. 
time the Treasurer's is, and likewise communicated to the General 
Assembly. 

§98. He must keep in his office a well bound book in which Must keep 

books of ap- 

shall be entered, in alphabetical order, the full amount of all an- propriations 

a n d w a r - 

nual appropriations, setting forth the amounts under their several rants. 
heads ; all warrants that he may check and pass, together with the 
fund on which it is drawn, the time, amount, and in whose favor 
drawn ; and make all entries necessary to a true exhibit of the 
finances of the State. 

§ 99. He must keep a book in which to enter all bonds taken of Mustteep 
Tax Collectors and Receivers, and keep the same on file m his coiioctoracd 

■"■ ^ Eeceiver's 

office. He shall collect all unpaid taxes of previous years at a ^onds, 
compensation of five per centum on the amount collected. 

§ 100. He must certify under his official seal, at all times when Mnst dve 
necessary for the public use, and on application and payment of pe^s!" *^^ ^'^' 
his legal fees therefor, for private use, copies of any papers kept 
in his office. 

§101. If the Comptroller resigns, or is removed, he must im- Mustsettie 

with succes- 



de- 
up ere- 



mediately state his account and deliver every thing pertaining to ^p^-- and 
his office to his successor; or if he dies, absconds, or absents him- ^y tiiipg per 
self for as long as thirty days without the Governor's permission, ^^^^ 



30 PT. 1.— TIT. 3.— CHAP. 3.-^Executive Department. 

Article o. — Tlie Comptroller General. 



the Governor may -without dehiy declare the office vacant, supply 
m<»y bo do- his place by appointment, examine the condition of his office and 

cliired vac- ^ ^ »' r i ? 

^^ deliver over to the appointee. 

§ 102. He shall, in addition to his salary, have ten per cent, on 
Additional all sums he may collect, except for taxes which necessarily was 

fees, 

the duty of a predecessor to collect, and which was not done. 
§ 103. The Comptroller General must make out for the use of 
What his the General Assembly — 

report must »' 

contain. 2. A table Containing the taxable property and other items on 

the tax digest of each County for the year in which he makes his 
annual report. 

2. A table annually of the polls in each County for the year 
immediately preceding his report ; the number of voters in each 
County at the general election next preceding his report ; the 
number of children in each County returned for participation in 
the Educational Fund and the amount drawn by each County from 
said fund ; the amount drawn by each County for pay of members 
of the General Assembly ; the total amount drawn by each County 
from the Treasury, and the total amount of net tax paid into the 
Treasury for the year preceding by each County. Also, to furnish 
such other statistical information connected with his office as may 
be useful to the General Assembly. The annual reports of said 
officer and of the Treasurer must contain only the available funds 
or cash in the Treasury as the balance therein. They are also 
required to report separately and under the head of ^'Assets be- 
longing to the State," all bank or railroad stocks or bonds, or 
other assets ; the State Road to be reported without any stipu- 
lated value. Such officers are authorized to make such transfers 
or alterations on their books as are necessary to comply with the 
preceding section. The items " Darien Bank Bills," Western and 
Atlantic Railroad script, and uncurrent funds hitherto reported, 
must be sealed up, remain in the Treasury, and be left out of all 
' future annual reports of said officers. 

§ 104. He shall not, directly or indirectly, be interested or en- 
shaii not gf^gcd in the purchase and sale of wild lands on speculation, on 

wild lands, pain of removal by the Governor or the General Assembly. 

§ 105. [He is allowed a clerk, to be appointed and removable by 

Maynppoint him ; and such clerk shall receive an annual salary of sixteen 

and remove 

clerk. hundred dollars.] (a) 

(a) Acts of 1862-3, p. 56, and Acts of 1865-6, p. 250. 



PT. 1.— TIT. -3.— CHAP. 4.— ExEcuTivR Department. 



31 



Article 1. — State Librarian. 



CHAPTER IV. 

OTHER OFFICERS CONNECTED WITH THE EXECUTIVE 

DEPARTMENT. 



Article 1. — State Librarian, 

Article 2. — Governor s Messenger and State House Guard. 



ARTICLE I. 



STATE LIBRARIAN. 



Section. 



106. Librarian's bond. 

107. He must keep the State Library. 

108. He must preserve the books, etc. 

109. He shall clistribvite the laws, etc. 

110. He must keep a catalogue of books. 



Section. 

111. He must take and file receipts, etc. 

112. He must exchange for reports, etc. 

113. His office is subject, etc. 

114. He must deliver contents of oflBice. 



§ 106. The Librarian must give a bond in the sum of two thou- Must give 
sand dollars, with good security, payable to the Governor and his 
successors in office, conditioned for the faithful performance of his 
duty as State Librarian. 

§107. The Library belonging to this State, with such additions Must keep 
as may be hereafter made from any quarter, together with all Library. 
copies of the Laws, Journals, or other books published or purchased 
by the State, shall be kept in appropriate apartments at the Capi- 
tol building designated by the Governor, under such rules and 
regulations as he may from time to time prescribe. 

§ 108. It is his business to preserve, keep in order, and protect Must pre- 
said Library, to keep the same open for the inspection of all citi- Jyforinipec- 
zens of the State, and to discharge such other duties in connection 
with the Library as may be required of him by law or the Gov- 
ernor of the State. 

§109. The distribution of the Laws and Journals, Reports of , s^»i^^<5is- 

■' ^ tribute Laws 

the Supreme Court Decisions, Laws of the United States, and a»'LJoiirmvis 

■»• •' 'and otner 

all other books required to be distributed to the several Counties ^^^^^' 
(of the State) or to be sent to other States, shall be made by the 
Librarian, under the direction of the Governor, in pursuance of the 
provisions of the law in respect thereto. 

§110. He shall make out and keep on hand a cataloirue of all ^^stkoepa 

•"• '-' catalogue oi 

the books in the Library — to be amended without unnecessary de- '^o^^^- 






PT. 1.— TIT. 3.— CIIAr. 4.— Executive Department. 



Article 3. — Governor's Mcsseu2:er and State House Guard. 



lav iVoiu time to time, as he may obtain new books or dispose of 
old ones — which shall be printed and kept in his office in two or 
more conspicuous places. 

§ 111. It is his duty to receive from the State Printer the Laws 
Must take and Joumals, and when distribution is made to the various Coun- 

RUil file re 



oeipt--^ f«^rties, to takc from Clerks of Courts or other distributees their re- 

boviks ilistri- 

butcd. coipts therefor; likewise all other books required to be distributed. 
He must receive and take receipt on the distribution, and keep in 
his office a file of such receipts. 

§ 112. He must correspond with the proper authorities of other 

Must effect ^ . . 

exchan^'e of Statcs wlio publish tlic reports of their hipihest appellate tribunal, 

Reports with . ^ ^ . toil 7 

other States, -svitli a vicw to cxchangc theirs for our Supreme Court Reports. 
„. ^ § 113. His office is under the general supervision of the Gov- 

llis ofiice "^ tor 

the''Govern*^ ^I'^^i^'? "^^'^^^ maj at anj time appoint a competent person to exam- 
siouf"^*'"*^ ine into and report its condition to him. 

§ 114. If the Librarian resign, or be removed, he must, within 
Mustdeiiv- ten davs thereafter, deliver the books, papers, and other contents 

er books and . '^ . ? r r 7 ^ 

contents of of his officc to his succcssor, taking his receipt therefor, which 

oSice to sue- . ' CD I ^ 

c<-3sor. must be filed and recorded in the Executive Office ; and if there is 
any deficiency in the books received by him, or other damage done, 
the Governor shall have suit brought on his bond. 



ARTICLE IL 

GOVERNOR'S MESSENGER AND STATE HOUSE GUARD. 



Section. 

115. Governor's Messenger. 

116. His duties. 

117. Appointment of special Messenger. 



Skction. 

118. Capitol guards — their duties. 

119. Number may be changed. 



§ 115. The Governor may in his discretion, as the exigency 

Governor may rcquirc, appoint a Messenger to the Executive Department, 

Messenger, or havc that duty performed by some other employee about the 

State House, engaged by him under the general authority granted 

to him, and when so performed it must be done without additional 

compensation. 

§ 116. When there is a Messenger, he shall perform such duties 
Duties of for the Executive Office, the other officers in the State House, and 

Messenfrer, ' ' 

such other service connected with the State business at the Capitol 
as the Governor shall prescribe, and be governed by such rules 
and regulations as he may adopt. 



PT. 1.— TIT. n.—CAlAV. 5.— Executive Depaktmext. 



.33 



Article 1.— Eligibility, Qualificatioji, and Commission of Ofllccrs and Vacation of Officers. 
§ 117. When there is no Messenger, the Governor may, if oc- Governor 

„ . , may <:in\)](>y 

casion should require, employ some person to periorm any special per.sons for 
service, for a reasonable compensation, such as is the duty oi the vice 
Messenger to perform, but which can not be performed by the 
person acting as such. 

§118. The Governor shall appoint a guard for the Capitol ^,JJ;j\^;j'^ ^;J 
buildings, including the captain of the guard, whom he shall ^^^'^'" ^'^^^^*- 
designate as such, whose business it shall be to remain in said 
buildings from sundown until sunrise of the next day, every night 
in the year, and on Sundays and holidays, to keep watch over the 
same and protect them from fire or intruders. 

§119. The Governor has power to keep the number of said Number of 

■■■ ^ -^ guard may 

guard full, when lessened by providential or other cause, and be changed. 
adopt such rules and regulations in regard to them, as in his judg- 
ment the public service may demand. 



CHAPTER V. 

GENERAL REQULATIOKS AS TO ALL OFFICERS AND OFFICES. 



Article 1. — Of Eligibility, Qualifications, and Commissions. 
Article 2. — Official Oaths. 

Article 3. — Official Bonds avid Herein of Discharging Sureties. 
Article 4. — Of Delivery of Boohs, etc., to Successor. 



ARTICLE I. 

OF ELIGIKELITY, QUALIFICATION, AND COMMISSION OF OFFICERS 
AND VACATION OF OFFICES. 



Section. 

120. Persons ineligible to civil office. 

121. When ineligible, the next highest. 

122. Persons elected, failing to qualify. 

123. Residence, seal, and term of office. 

124. Commissions under Great Seal. 



Section. 

125. Commissions under Executive seal. 

126. When civil offices are vacated. 

127. Vacancy in Executive Office. 

128. Resignations sent to the Governor. 



§120. The following persons are held and deemed ineligible to Persons in- 

. . . . . elisible to 

hold any civil office in this State, and the existence of either of office, 
the following state of facts is a sufficient reason for vacating any 
office held by such person ; but the acts of such person, while hold- 
ing a commission, are valid as the acts of an officer de facto — viz ; 
3 



34 FT. 1.— TIT. 3.— CHAP. 5.— Executive Department. 



Article 1. — Eligibility, Qualification, and Commission of Officers and Vacation of Offices. 



1. Persons who are not citizens of this State, nor of the age of 
Miuors. twenty-one years or upwards. 

2. All holders or receivers of public money of this State, or 
l^^J^fv ^^y County thereof, who have refused when called upon, or failed 
monov^"^'^'^ after reasonable opportunity, to account for and pay over the same 

to the proper officer. 

3. Any person convicted and sentenced finally for any felony, 
nJ^rutr^i- ^"^^^'^' the laws of this or any other State,, involving moral turpi- 
^"'^'■'- tude, the offense being also a felony in this, unless restored by a 

pardon from the proper Executive, under the Great Seal of the 
State, to all the rights of citizenship. 

4. Persons holding any office of profit or trust under the Gov- 
u.s. officers crnment of the United States (other than that of Postmaster), or 
nnder other of either of tlic scvcral States, or of any foreign State. 

6. Persons of unsound mind, and those who, from advanced age 
Persons in- or bodilv infirmity, are unfit to discharge the duties of the office 

sane or in- '^ *' ° 

firm. to which they are chosen or appointed. 

6. Those who have not been inhabitants of the State, County, 
Those whose DistHct, or Circuit for the period required by the Constitution and 

term of res- x x t/ 

idenceis in- la^YS of this State, 
comjilete. 

7. All persons from any cause constitutionally disqualified. 
^s?disquai'- ^^^ officers are eligible to re-election and re-appointment and to 
'^^^' hold other offices, unless expressly declared to the contrary by the 

All officers Constitution or laws. 

§ 121. If at any popular election to fill any office the person 
The person elected is ineligible under the foreffoina; rules, the person havinsj 

having next . ° to to ^ ? r o 

highest vote the noxt highest number of votes, who is eligible, whenever a 

to an ineli- '=' ■' o ;> 

St?i8decf" P^^^^lity elects, shall be declared elected, and be qualified and 

i'f ' el Jcts'^'^^" commissioned to such office. • 

§ 122. Persons who after an election fail to comply with all the 

A person prerequisites of the law in order to obtain commissions or certifi- 

faiiin-toob- catcs to discharge the duties of the office, are ineligible to re- 
tain com- . 1 1 . 1 IT 1 n \ n '^ n i 

mission, is elcction at the election held, by reason of such failure, for the same 

ineligible on . 

account ofofficC. 
the failure. 

§ 123. All officers of this State must reside therein at such 
Officers places as are designated by law, and discharge the duties of their 

must reside ^ ^ ^ ^ ? ^ fo 

in the State, office Until their successors are commissioned and qualified ; and 

and hold of- , ^ ' 

fice until all officcrs whosc certificate of records or other papers are ad- 
successor is •■■■*• 

anY^' ml'iJ ^^^''^^^^® in evidoncc in any Court in this State must have and 
-wheL '''*' l^eep an official seal. 



PT. 1.— TIT. 3.— CHAP. 5.— Executive Department. 35 

Article 1. — Eligibility, Qualification, and Commission of Officers and Vacation of Ofliccs. 

§ 124, The following officers must be commissioned, with the what ocq- 
Great Seal of the State annexed thereto, signed by the Governor, comrnission- 
and countersi2i;ned by the becretary oi btate — viz: benators and Great seai 

-r» . . ^ T 1 r. 1 o< 1 r< . of the btate. 

Representatives m Congress, Judges of the Supreme and Superior 
Courts, Attorney and Solicitors General, Ileporter of the Supreme 
Court, Secretary of State, Treasurer, and Comptroller General, 
and all military officers of the grade of general, either of divis- 
ion or brigade. Those of all Federal and Judicial officers above 
enumerated must be on parchment. 

§ 125. All other civil officers of the State or County shall be what ofii- 
commissioned under the seal of the Executive Department, signed couimission- 

_ -^ . 6^1 under the 

by the Governor, and comntersi^ned by one of his Secretaries, ex- seai of ex- 

•^ ' . ecutive De- 

cept Constables, whose election shall be certified by the Clerk of p^^'t^^nt. 
the Inferior Court of the County; and such certificate shall oper- 
ate as their commission. All officers of the militia and of volun- 
teer companies, battalions, or regiments, regularly incorporated (of 
the grade of lieutenant or higher), shall have commissions under 
the seal of the Executive Department. 

•'■ Offices are 

§ 126. All offices in the State are vacated — vacated hj 

death. 

1. By the death of the incumbent. By accept- 

t' ed resigna- 

2. By resignation, when accepted. ^^'^"• 

3. By decision of a competent tribunal declaring the office va- By judg- 

ment. 
cant. 

4. By voluntary act or misfortune of the incumbent, whereby ^ ^J" ^i^^^' 

J J T J tary act, or 

he is placed in either of the conditions specified of ineligibility to ^0^^??^^^ 
office, which shall operate from the time the fact is ascertained and JneiiSbila^c- 
declared by the proper tribunal. ^ faw^^°° ^^ 

5. By the incumbent ceasing to be a resident of the State, or By a faii- 
of the County, Circuit, or District for which he was elected. In cuLbent\^o 
the first case the office shall be vacated immediately ; in the latter th? faw re! 
cases, from the time the fact is judicially ascertained. 

6. By failing to apply for and obtain commissions or certificates, By failure 
or by failing to qualify or give bond, or both, within the time pre- commission, 
scribed by the laws and Constitution. ^^ ^^^^ ' ^" 

7. By abandoning the office and ceasing to perform its duties. By aban- 

. . -^ ° & r J donment of 

or either. the office. 

§ 127. The resignation of the Governor must be transmitted by how va- 
him to the General Assembly, if in session ; if not in session, to oTtiVe ^o^f 
the Secretary of State, who must on the same day notify theJiVs'^t^be 
President of the Senate. If the office becomes vacant by death, ^^J^'^^^'^^*^'^' 



S6 



PT. 1.— TIT. 8.— CHAP. 5.— Executive I)EPAiiTMEi\-T. 



Article 2.— Official Oaths. 



or any other cause, when the General Assembly is not in session, 
the Secretary of State must inform the President of the Senate. 
In either case the President of the Senate, when informed, shall, 
within ten days, repair to the Capital and take the oath of office 
before any Judge of the Supreme or Judge of the Superior Court, 
and the General Assembly, if in session ; which fact shall be en- 
President tcrcd ou the minutcs of the Executive Department. If he does not 

of the Sen- ... . 

atefauincrto go appear in said time, he shall be considered as havins: resis-ned, 

quality, tlie ^^ ' o & 7 

Speaker of ^nd the Secrctarv of State shall then, or in case there is no Presi- 

the House v > 

tified.^'' °°' dent of the Senate, inform the Speaker of the House of Repre- 
sentatives, and the proceedings shall be the same. 

§ 128. The resignation of Senators and Representatives in Con- 
whst offi- ffress, and members of the General Assembly, and of all officers 

cers must*-^ ..-. 

com muni- whosc commissions issue from the office of Secretary of State or 

cate resigna- •' 

Governor^^^ the Exccutivc Department, and whose places may be supplied by 
Executive appointment, shall be made to the Governor. 



ARTICLE II. 



OFFICIAL OATHS. 



Sectiox. 

129. Additional oath of public officers. 

130. Oath must accompany dcdiimis. 

131. Who may qualify officers. 

132. Official oaths must he filed. 

133. Where to be filed. 



Section. 

134. Endorsement of filing. 

135. Oaths of deputies to be filed. 

136. Failing to take and file oath, 

137. When acts are valid without oath. 



§ 129. All public officers, besides the oath of office and the 
oat?of^^?ub- ^^^^ prescribed by the Constitution (if any), shall swear that he 
lie officers, jg j^q^ ^]^g holder of any public money due this State unaccounted 
for ; that he is not the holder of any office of trust under the 
Government of the United States (except Postmaster), nor either 
of the several States, nor of any foreign State, and is otherwise 
qualified to hold said office according to the Constitution and laws 
of Georgia, and will support the Constitution of the United 
States and of this State ; and, if elected by any Circuit or District, 
that he was a resident thereof for the time required by the Con- 
stitution and laws (stating the time). 

oath^tlT hi § ^^^' ^^^ ^^^^ ^^ ^^^^ ^^*^' ^^ ^^^^ ^^ *^^ ^^*^ ^^ office, to be 
dedimnl!'^ taken and subscribed, must be forwarded with the dedimus potes- 



PT. 1.— TIT. 3.— CHAP. 5.— Executive Department. 37 

Article 2.— Official Oaths. 

tatem, and be taken and subscribed at the time of receiving the 
commissions before the officer to whom the same is directed, and 
in conformity to the directions. 

§131. When not otherwise provided bylaw, and not directed who may 

^ 1 J 7 qualify offi- 

in the dedimus potestatem, the oaths of office may be taken before c^"- 
any officer authorized by law to administer an oath. Such oaths 
must be written out and subscribed by the person taking them, and 
accompanied by the certificate of such officer specifying the day 
and year when taken. 

§ 132. Such oaths, when taken by an officer whose general du- ^ where of- 

'^ ' '' Y . fi^^^l oaths 

ties are not confined to any one County (unless otherwise specially must be filed 
provided), must be filed with the certificate required by the pre-- 
ceding Section in the Executive Office ; and when taken by an offi- 
cer whose duties are confined to one County, as provided in the 
next Section. 

§ 133. When taken by the Justices of the Inferior Court, the where of- 
Ordinaries and the Clerks of the Superior Courts, they must be nmst beamed 
filed in the office of the Clerk of the Inferior Court, and also en- 
tered on the minutes of their respective Courts. When taken by 
Sherifisj they must be likewise filed in the office of the Inferior 
Courts, and must be entered on the minutes of the Superior 
Courts ; and when taken by Coroners, Tax Collectors, or Eeceivers, 
County Treasurer, Justices of the Peace, or Constables, or any 
other County officer, they must be filed in the office of the Clerk 
<)f the Inferior Courts ; and the Clerks of the Inferior Courts, and. 
also of the Superior Courts, when one and the same officer, must 
file their oaths in the office of the Ordinary, and enter them on 
the minutes of their own Courts respectively. 

§ 134. The officer in whose office such oaths are filed must en- Endorse- 
ment of — 
dorse thereon the day and year of filing. ^'iiea med. 

§ 135. All deputies, before proceeding to act, must take the Q^^^hs of 
same oaths as their principals take, which must be filed in and en- JSi^to^be 
tered on the minutes of the same office, and with the same en- ^^^^' 
dorsement thereon, but these provisions do not apply to any deputy 
who may be employed in particular cases only. 

§ 136. If any officer or deputy, required by law to take and file Penaityfor 
such oaths, enters upon the duties of his office without first takincr ^^^^ ^^^ ^i® 

' ^ , ° official oath. 

and filing the same in the proper office, he is guilty of a misde- 
meanor, and, on eonvictioUj must be fined not less than two hun- 
dred dollars. 



TT. 1.— TIT. 8.— CHAP. 5.— Executive Department. 



Article o. — C)l'licinl Bonds ;\nd Herein of Discharging Sureties, etc. 



Acts of of- §137. The official acts of an officer are not the less valid for 
without "the his omission to take and file the oath, unless in eases where so 

oath, iinle?:" 



otherwise Specially declared. 



doclareJ 



ARTICLE IIL 

OFFICIAL BONDS AND HEREIN OF DISCHARGING SURETIES AND REQUIR- 
ING ADDITIONAL SURETIES. 



Section. 

138. The payee and condition, of bonds. 

139. Bonds must accompany dcdivms. 

140. Approval of official bonds. 

141. Number and qualification of sureties. 

142. May be signed by Attorney in fact. 

143. "Wlien bonds must be filed. 

144. Certificate of failure to file bond. 

145. Acting before filing bond. 

146. Endorsement of filing. 

147. Notice of failure to file bond. 

148. Penalty 'for failure. 

149. Obligations of official bonds. 



Section. 

150. Approval, filing and record of bonds. 

151. Giving bonds to be certified. 

152. Deputies' bonds. 

153. Principal or deputy may be sued. 

154. Bond Avhen discharged. 

155. Officers liable above penalty of bond. 

156. Validity of bonds. 

157. Damages in suits on bonds. 

158. Future official oaths and bonds. 

159. How sureties may be discharged. 

160. Officer failing to give new bond. 



§ 138. The bonds of all public officers required bj law to give 

Official bond, unless otherwise provided, must be made payable to the 

whom paya- Govcmor of the State of Geora^ia and his successor in office, with 

Die and upon *-> ■' 

Jons ^^^^^' ^^^^ sureties as the approving Court or officer is satisfied is suffi- 
cient, and conditioned in all cases in which a different condition 
is not prescribed, faithfully to discharge the duties of such office 
during the time he continues therein or discharges any of the 
duties thereof. 

§ 139. Official bonds of all officers who are entitled to commis» 
Official sions from the Governor, and who are required to give bonds, must 
be sent ^nth bc prepared and furnished by the Executive Department at the 
testatem. time of forwardiug the dedimus potestatem. 

§ 140. The approval of all official bonds shall be in writing, en- 

Approval dorscd ou the bond, and should show the day and year on which 

the same were approved, and shall not be filed until thus approvedo. 

§ 141. Such bonds shall not be approved by the approving offi- 

Number cers uulcSs thcv havc at least two good and solvent sureties, and 

ana qualifi- %/ o ' 

sureties" on ^^^ Hiorc than [tcu,] (a) all of whom must be permanent residents 

official bonds ^f ^^ State, and two also of the County, and freeholders thereof. 

When said approving officers do not of their own knowledge 

(a) Acts of 1863-4, p. 124. 



PT. 1.— TIT. 3.-^CIIAP. 5.— Executive Department. 39 

Article 3.— OlFicial Bonds and Herein of Discliargin/^ Sureties, etc. 



know that a surety is worth enough to enable them to accept him, 
they shall not take him unless he swears to his means, and it is 
satisfactory, of which swearing they shall make a minute on the bond. 

§ 142. When an official bond is signed by an Attorney in fact. Power of 

T- c 1 T f ' ftttornc-y at- 

the power of attorney must be attested by a Justice oi the interior tested and 
Court, and filed and recorded as the bond is. 

§143. The official bonds of public officers required by law to within 
be filed in the office of Comptroller, Secretary of State, or Execu- (Jfiicim wkIs 
tive Department, must be filed therein within forty days after the "'""^ '^^^^^ 
election or appointment of such officer ; when in the office of the 
Clerk of the Superior or Inferior Courts, or Ordinary, within 
thirty days therefrom ; in all other cases within twenty days 
therefrom. {^Provided^ that Sheriffs, Clerks of the Superior 
and Inferior Courts, Ordinaries, Tax Collectors, Coroners, and 
County Surveyors of this State shall be allowed until the first day 
of June in each year, and the Tax Receivers until the first day of 
April next (after their election), to take up their commissions from 
the Inferior Courts and to perfect their bonds.] (a) 

§ 144. When any officer of whom bond is required fails to make certificate 
and file the same as prescribed in the preceding section, it is the me official 
duty of the Court, or officer in whose office it is required to be 
filed, at once to certify such failure to the appointing power, and 
to the power whose duty it may be to order an election. 

§145. If any public officer required by law to give bond per- Acting be- 
forms any official act before his bond is approved and filed as re- SSd a^m^s? 
quired, he is guilty of a misdemeanor, and on conviction must be 
fined not less than five hundred dollars. 

§ 146. Every officer in whose office the official bond of any pub- Endorse- 
lic officer is filed must endorse on such bond the day and year daTbondl^' 
when the same was filed, and sign his name to such endorsement. 

§ 147. If any public officer required by law to give bond fails ^once to 
to file the same, within the time hereinbefore prescribed, in the MUiTetome 
proper office, notice of such failure must be given by the officer in ^ '^^^ °^ ' 
whose office such bond is required to be filed by or during the two 
first days of the session of the Superior Court held in the County 
in which the officer so failing resides, next after such failure, to 
the Attorney or Solicitor General of the Circuit. 

§ 148. Any officer whose duty it is to mark-file the bond and to 
give the several notices required in this article, and failing to do 

(a) Acts of 1863-4, pp. 124-5 



40 PT. 1.— TIT. 3.— CHAP. 5.— Executive DErAHTMENT. 

Article o. — Olfunal Bonds and Tlcrein of Dischargiug Sureties, etc. 



Ponaity for SO, witliout good aiid Sufficient excuse therefor, shall, on informa- 

in.vk-mo. o? tion rendered and citation to appear before the Superior Court of 

faiiuro to tho Couutv of liis residence, be fined as for a contempt (in the 

discretion oi the Court.) 

Official §1-^9. Every official bond executed under this Code is obliga- 

obUgatory! *^ toi' J ou the principal and sureties thereon — 

For broach ^' -^^^' ^^^J breach of the condition during the time the officer 
by the ooi- continues in office or discharges any of the duties thereof. 

2. For any breach of the condition by a deputy, although not 
a deputy. ^ expressed, unless otherwise declared by law. 

of'^^duu'^es ^* ^^^' t^® faithful discharge of any duties which may be re- 
imposeci^by q^.^jj,g(j ^f g^^j-^ officcr by any law passed subsequently to the exe- 
execution.^ " cutiou of such boiid, altliougli no such condition is expressed therein. 
4. For the use and benefit of every person who is injured, as 
of'^aJv'"'ouo "^^11 by any wrongful act committed under color of his office as 
injure . |^^ jj^-^ f^jj^^^.g j-q perform, or by the improper or neglectful per- 
formance of, those duties imposed by law. 

§ 150. The official bonds of the Ordinaries, the Clerks of the 
bon<7sft?.^\'l! Superior Courts, of Sheriffs, Coroners, County Surveyors, County 
fi?edTnd re- Troasurcrs, Tax Collectors and Receivers, given for County taxes, 
corded. must bc approvcd by at least three Justices of the Inferior Courts, 
filed in the office of the Clerks of the Inferior Courts, and by 
them recorded; that of the Clerks of the Inferior Court must be 
filed in the Ordinary's office, and by them recorded, and when the 
Clerks of the Inferior Courts are ' also Clerks of the Superior 
Courts, those of the Clerks of the Superior Courts must likewise 
be filed and recorded in the Ordinary's office. The bonds of Tax 
Collectors and Receivers for State taxes, after being likewise 
approved, must be recorded by the Clerks of the Inferior Courts, 
and the original bond must be by them transmitted to the Gov- 
ernor (for deposit in the Comptroller General's office). 

§ 151. Such Justices of the Inferior Court must sign a certificate 
Jastiecs of to the Govcmor, statini2: that the Clerks of the Superior and 

the Inferior ' ° ^ 

^^uft^ ^^j^.^t Inferior Courts respectively, the Sheriffs, Coroners, and County 
thltlen^m Surveyors, have taken the oaths and given the bonds sent from 
Z^^.Jtl^^l^^ the Executive Departments, toe^ether with a statement of the 

gi\en oonas. i 7 o 

dates, amounts, and names of the sureties of each, and that they 
have delivered to them their commissions ; which shall be attested 
by the Clerks of said Courts, and by them immediately transmit- 
ted to the Governor. 



PT. 1.— TIT. 3.— CHAP. 5.— Executive Department. 41 

Article 3. — OITicial Bonds and Herein of Discliarging Sureties, etc. 



§ 152. When deputies give a bond they must be payable to ^ Deputie»' 
their principals, with surety conditioned as theirs are, for their ^^^''^J'^l^^. 
conduct as deputies, for the same amounts, and must be recorded ^";^!""*'|f,^.;j 
in the same office and in the same manner as the bonds of the *J'^ record- 
principals. 

§ 153. It shall be at the option of any person who claims ,^/''^j"'')i'fJ'J 
damages of any principal officer for the act of his deputy to ^^^ ll^'llJ,i IJr 
said deputy's bond instead of his, in the same manner as the pu\y.''^ ^^" 
principal's bond may be sued. 

§ 154. Such bonds are not discharged by a single recovery, but ^^'J® ^^^^^^ 
proceedings maybe had from time to time, until the whole penalty "ij'^r.,e Vh^e 
is exhausted against the officer and his sureties, or either, and t^^Jfie^fun 
said bonds are joint or several, whether so set forth or not. penalty. 

§155. "When the penalty is exhausted, the officer himself shall officer liaWe 

i- */ ' thougn pen- 

still be liable, and upon the same measure of damages as ^po^^aut^l *^^' 
his bond, and he is likewise liable for any damage he may do in 
undertaking to discharge the duties of an office without having 
given the necessary bond, or, having given one, it is invalid, in 
whole or in part. 

§ 156. Whenever any officer required by law to give an official ^^^^^^^^S 
bond acts under a bond Ivhich is not in the penalty payable and j^ to°iSv°^" 
conditioned nor approved and filed as prescribed by law, such 
bond is not void, but stands in the place of the official bond, 
subject on its condition being broken to all the remedies, including 
the several recoveries which the persons aggrieved might have 
maintained on the official bond. 

§157. The measure of damages upon all official bonds for the :Measiireof 
misconduct of the officer, unless otherwise specially enacted, shall suit'^s^n 
be the amount of injury actually sust^iined, including the reasona- 
ble expenses of the suit to the plaintiff, besides the costs of Court ; 
but in all cases when little or no damage is actually sustained and 
the officer has not acted in good faith, the jury may find for the 
plaintiff an amount as smart money, which, taking all the circum- 
stances together, shall not be excessive nor oppressive. 

§ 158. All the provisions of this and the preceding Article apply ^^'J^Jg^^gJj 
to the oaths of office and official bonds of all public officers of this pif/^^^ins 

•t^ article apply 

State whose office may be established hereafter, unless the con- J^*^^^^'^'^^^^^ 
trary is expressly provided. 

§ 159. When the surety to any bond, given by any officer for ^^•^^^^'g- 
the performance of any public duty, shall give notice, in writing, to ^4^^^g"^J>g! 
the Governor of his desire to be relieved from future liability, for ciiarged. 



42 TT. 1— TIT. 3.— CHxVP. 5.— Executive Department. 

Article 4. — Delivery of Books to Successors. 

good cause therein stated and sworn to — of which the Governor 

shall be the judge — or any such surety shall in the opinion of the 

Governor, formed upon satisfactory evidence, become insufficient, 

it shall be his duty to require of such officer a new bond and surety. 

Officer fail- §1^^^^- If ^i^J officor shall fail to comply with such requisition 

iTei^bo^nd'^'^^^^^"^ ten days from the date he is served personally with a copy 

qu^ro". Jw ^^ tlie Executive order containing such requisition, he is by such 

frSm office."^ failure removed from office and a vacancy declared. 



ARTICLE ly. 

OF delivery of books to successors. 



Section. 

161. Outgoing officer must deliver books. 

162. Persons having office property. 

163. Persons refusing to deliver, etc. 



Section. 

164. May be imprisoned. 

165. Books, etc., delivered to successor. 

166. Penalty for failure. 



§ 161. When any office is vacated it is the duty of the incum- 
deTiT?r°aYf ^^^^> ou demand made, to deliver all books, papers, and other 
to succes^sor.' pi'opcrty appertaining to the office to his qualified successor. 

§ 162. If a vacancy occurs by death, or the incumbent is not 
other per- to be fouud at the time of demand made, it is the dutv of any 

sons having ^ _ -^ i/ ./ 

office pro- person havino; possession or control of such office property, or 

pertv must ^ or i r v/ 7 

deliver it up. any p^rt thereof, to deliver it up, and the rights and remedies are 
the same against such person as against the deceased officer, if 
living or to be found. 

§ 163. If any person neglects or refuses so to do after demand 

How person made, the successor shall make complaint to the Justices of the 

i n posses- ^ ■•■ 

8ion refus- Inferior Court of the County, or to the Jud^e of the Superior 

1 n g t o d e- •/ ' o r 

liver office QQiij-t of the Circuit in which the person refusins; resides, or if 

anacon- • r o ? 

pro?ee de^d i^^ither Can be had, the Judge of the Superior Court of an adjoin- 
agamst. ^^^ Circuit, and if such officer is satisfied, from the oath of com- 
plainant or otherwise, that such are withheld, he must grant an 
order requiring the person so refusing to show cause before him, on 
a day and at a place named in such order, why He should not be 
compelled to deliver over the same. 

§ 164. At the time so appointed, or at any other time to which 
bITsKIIw the matter may be adjourned, a copy of such order having been 
cause,^ and personally served on the person so refusing, such officer must 
pTy ivitrTn proceed to inquire into the circumstances, and if it appears that 
liver, they such books and papers are withheld, he must order the same 
prisoned, delivered up instanter to said successor, and on failing to comply 



PT. 1.— TIT. 3.— CHAP. 5.— Executive Department. 



48 



Article 4. — Delivery oi" JJooks to HucceHBors. 



with such order he shall issue a warrant directed to any officer of 
said County, or of the adjoining County, authorized to make the 
arrest, to arrest said officer, and commit him to jail, there to 
remain until he complies with said order or is otherwise dis- 
charged by course of law. At the same time, in the same way, 
he shall command said officer to search such places for them as search tdsj 

,,. ,. . , . -,.,b(j made for 

may be designated m such warrant, and to seize and bring them papers under 
before him or some other officer authorized to preside, and being 
so brought and appearing to belong to said office, he shall cause 
them to be delivered to the successor. The payment of costs are 
in the discretion of the Court. Said proceedings do not interfere 
with the provisions in the Penal Code on this subject. 

§165. All judicial or ministerial officers or State's Attorneys, officers 
who by law are entitled to receive from the State any books, bookstosuc- 
pamphlets, or other documents, upon retiring from office must de- 
liver them over to their successors, and from one successor to 
another. 

§ 166. On failure to deliver such books, after demand made by faUu?eVode- 
incoming officer, he is liable for three times the first cost thereof, {j^sueces^! 
to be retained out of his salary, if a salaried officer, and if not a 
salaried officer, or, being one, it is omitted to be retained, the officer 
so detaining is subject to suit and recovery (in a Court having ju- 
risdiction) by the successor in the name of the State for his use. 



TITLE IV. 

LEGISLATIVE DEPARTMENT. 



CHAPTER I. 

OF THE GENERAL ASSEMBLY. 



Sectioit. 

167. Meeting of Legislature. 

168. Length of sessions. 

169. How organized. 

170. Oath of members. 

171. President and Speaker. 

172. Elections by General Assembly. 

173. Door-keepers and Messengers. 

174. Special Messengers. 



Sectiox. 

175. Joint Finance Committee. 

176. Duty of Secretary and Clerk» 

177. Engrossed copies of laws. 

178. Pay of President, Speaker, etc. 

179. Pay of sick members. 

180. Amount due deceased members. 

181. Accounts of officers and members. 



167. The regular sessions of the General Assembly begin ob 



44 PT. 1. — TIT. 3. — Legislative DErARTMENT. 

Chapter 1. — The General Assembly. 

^hon the first [Thursday] (a) in November, annually, at [10 o'clock in 
mee^'* ""^ tliG forcnoon] (b) in the Capitol. 

§ 168. Each session shall not continue longer than forty days, 
Loncth of unless otherwise ordered by a vote of two-thirds of each branch 
of the General Assembly. 

§ 109. Each branch shall be organized by the Clerk and Sec- 
A^sembf— ^'^^^^T tlicrcof respectively, who are, ex-officio, presiding ojSficers 
izel '''^^^" until such are elected. No question shall be entertained by them 
but one relating to the organization, and in deciding such ques- 
tions they are to be governed, as far as practicable, by the stand- 
ing rules of the House over which they preside. In the absence 
of such officer their assistants may officiate. In the absence of 
both, the body may appoint a chairman whose powers and duties 
are the same. 

§170. The oaths of office may be administered to the members 
whonmy Qf i\^q Grcncral Assembly by any Judffe of the Supreme or Supe- 
members^ rior Courts, to be procured by the person organizing each branch. 
§ 171. The President of the Senate and Speaker of the House 
pSden? of ^-^'^ elected by their respective bodies viva voce, and a majority of 
Ineaker ^°of ^otcs is nccBSsary to a choice. In like manner the Senate must 
House. elect a President pro tern., and the House a Speaker pro tern., 
and Speaker whosc powcrs and dutics, while presiding, or in the absence of said 

2)ro tern. ^y, , 

omcers, are the same. 
Elections § 172. All clcctions by the General Assembly are to be con- 

— now con- " ./ »/ 

ducted. ducted as follows : 

Assemble 1- ^^ t^© ^^J ^^cl hour appointed for the election, the mem- 
rese^ntatwe' bcrs of both Houscs must asscmblc in the Representative Hall. 
^^^^ 2. The names of the members of each House are to be called 

caiie?™a?d ^J their rcspectivc Clerks, each member voting viva voce as soon 
S^ ''^ ^^^' after his name is called as practicable. 

3. The result must be ascertained by the President of the Sen- 
how^asJe7- ^^c and the Speaker of the House, and announced by the first 
InnouncA'I named officer. 

4. The votes are to be given for but one election at the same 
tioifrf tfine' time, and a majority of the whole number of votes cast is neces- 
oeslary? "^ sary to a choice, and all blanks are to be counted as votes. 

5. When both branches of the General Assembly agree by 
resolution to bring on an election at a specified time in the Hep- 

(a) Acts of 18G1, p. 36. (b) Acts of 1803-4, p. 30. 



PT. 1. — TIT. 4.— Leoislativb Department. 45 

Chapter 1. — The General Assembly, 
resentative Chamber, said resolution can only be rescinded by a Kft»oiutfoii 

' ^ *^ •'to bring on 

vote of two-thirds of either House, and without such vote the elec- f ''•';""« 'f'£*y 

' ^ be re»dndfe'l 

tion held according to such resolution is valid. 

6. When both branches meet for such purposes, and there is Adjoum- 

•'•■'■ ment pend- 

a necessity for an adjournment without having concluded the 'f'^' ^^ eiec- 
elections for which they convened, they shall adjourn to some 
named hour on the same or next day (not counting Sunday or a 
public holiday), or to a day certain, and the elections made at 
such time are valid, unless the resolution for the election is in the 
meantime repealed by said two-thirds vote. 

§ 173. Each House is entitled to a Door-keeper and Messen- Election of 

^ Door-keeper 

ger, to perform such duties as may be required of them, who shall ^^^'i ^^*^^^?' 
be [elected as provided for the election of Clerk and Secretary,] p^y- 
(a) and who shall receive the same pay as the members of the 
General Assembly. 

§174. When it shall be necessary to carry into effect the 4th f arsons msy 

" t/ i/ be appointed 

Section of the 2d Article of the Constitution, or for any like pur- gerTice^^"^^ 

pose, either of said officers may appoint any person to execute 

the orders of each House and the warrant of the presiding officer, 

who may receive for the service such compensation as the General pensation. 

Assembly may appropriate. 

§175. It is part of the duty of the Joint Standing Committee Duty of 

T 1 f' 1 r^ joint Fi- 

6f Finance to examine the accounts and vouchers of the Comp- nance Com- 

■^ mittee, 

troller and Treasurer as to all moneys received into and paid out 
of the Treasury during the last fiscal year, to compare the war- 
rants d-rawn during that period with the several laws by authority 
of which they purport to be drawn, to examine into the other 
accounts and books of such officers, and to count the money on 
hand at the time of the examination, and to examine the annual 
reports made by said officers, to see if they are sustained by the 
true condition of their offices, and report the result to each branch 
of the General Assembly. 

§176. At the close of each session the Secretary of the Sen- Duty of sec- 
ate. Clerk of the House of Representatives, and Secretary of State, senate and 
must select all the papers belonging to the General Assembly, House at the 
except such as relate to the unfinished and rejected business, and session. 
deposit them in the office of the Secretary of State. 

§177. The engrossed copies of all laws and joint resolutions ^o'^'i^fTf 
passed by the General Assembly must be preserved by the Chair- Jj^^^e dep^ 

sited. 
(a) Acts of 1862-3, p. 139. 



4(y 



FT. 1. — TIT. 4. — Leoislative Department. 



Chapter 2.— Subordinate Officers of the General Assembly, 






an 

of the House 

and ui e in 

bers. 



Pay of 
sick mem- 
bers. 



man of the Enrolling Committee, and deposited in the office of 
the Secretary of State. 

§ 178. The President of the Senate and Speaker of the House 
^^,'V^ ^J receive [twelve] (a) dollars, and the other members [nine] (a) dol- 
tho Senate lai-g fQj. g^ch dav's attendance, and all are allowed five dollars 

a Speaker y J j 

for every twenty miles of travel going to and returning from the 
seat of Government, the distance to be computed by [nearest] (a) 
route usually traveled. 

§ 179. If any member is detained by sickness, after leaving 

home, in coming to, or is unable to attend the House after he 

arrives at the seat of Government, he is entitled to the same daily 

pay as an attending member ; but no member shall receive pay 

for absent time unless on account of sickness of himself or family, 

or by express leave of the House of which he is a member. 

§ 180. If any member of the General Assembly shall die during 

of dTcSsed *^® session, or afterwards, without having received the whole or 

Scdvfthdr ^^y portion of his pay, the amount due for the whole session shall 

pay, etc!^"*^ t)e paid to the widow of the deceased, and if no widow, in like 

manner to the children. 

§ 181. The compensation due to the officers and members of the 

bSanJoffi- General Assembly must be certified by the President and Speaker ,. 

audit^ '^anl respectively, upon the report of the Auditing Committee to the 

certifie . Treasurer, who afterwards shall pay each member who presents 

his account duly audited. 



CHAPTER II. 

SUBORDINATE OFFICERS OF THE GENERAL ASSEMBLY. 



Section. 

182. Election of Secretary and Clerk. 

183. Oath of Secretary and Clerk. 

184. Administering the oath. 

185. Compensation of Secretary and Clerk 

186. Assistants of Secretary and Clerk. 



Section. 

187. Qualification of subordinate Clerks- 
IBS. Secretary and Clerk must file papers- 
ISO. Receive no pay till files are made. 
190. When both Houses meet, Secretary 
to aid. 



^Sfte?m § ^^^' There shall be a Secretary of the Senate and a Clerk of 
slntte\mi *^^ Housc of Representatives, elected by the members of each 
House?^^^'^ House respectively, viva voce, and a majority of votes east is ne- 



(a) Acts of 1865-6, p. 250. 



PT. 1. — TIT. 4. — Legislative Department. 47 

Chapter 2. — Subordinate Officers of the General Assembly. 

cessary to elect. Their term of office shall be the time for which 
the members of the General Assembly are elected. 

^ 183. Said officers, their assistants, and En^rossinff and Enroll- ^ ^■'^l^ "^ 
ing Clerks, before entering on the discharge of their duties, shall J[;||]^J;JjJ:^*^ 
take an oath before their respective presiding officers to discharge «^'*^"^»- 
their duties faithfully and to the best of their skill and knowledge, 
of which a minute shall be made and entered on the Journals. 

§ 184. The President of the Senate and Speaker of the House ^Jl^^fl^^H 
are to administer the oaths required to the subordinate officers of IJ^'g'^^^^'^J^yj^ 
their respective Houses. subordinates 

S 185. The per diem pay of the Secretary of the Senate and Payofsec- 

^ -'■ . . retary and 

the Clerk of the House, their assistants and all subordinates, shall cicrk— how 

' ^ •^ fixed. 

be determined by each General Assembly in perfecting the Appro- 
priation Bill. 

^ 186. Said Secretary and Clerk shall have power to appoint secretary 

. - / -. r» m . a^d Clerk 

their assistants and subordmate clerks as follows — viz: may appoint 

1. The Secretary of the Senate may appoint, at the commence- Readers, 

' o i-11'i 1 -r»i *• Journalizing 

ment of the session tor which he is elected, one Header or Assist- and Enroll- 
ing, and En- 
ant Clerk at the desk, one Journalizing Clerk, and one for Enroll- grossing and 

, Itecording 

ing and one Engrossing Clerk, and one Recording Clerk. cierks. 

2. The Clerk of the House may appoint, at the same time, one 
Reader or Assistant Clerk at the desk, one Journalizing Clerk, 
two Enrolling and two Engrossing Clerks, and one Recording 
Clerk. 

3. If, at any time during the session, the business requires the Additional 
appointment of additional clerks, either of said officers may ap- appointed. 
ply to their respective Houses for leave to appoint them; and if 

they are deemed necessary by the Enrolling Committee, such body 
may, by resolution, authorize the appointment, specifying therein 
the number. 

4. No clerk shall be allowed compensation in either of said ^erks ^Jiy 
departments, appointed in any other way. pa^/ ^'^^^^^^ 

§ 187. No Journalizing, Recording, Enrolling, or Engrossing Quaiifl- 
Clerk shall be appointed by the Secretary of the Senate or Clerk removafof 
of the House, until such Clerk has been examined by the Enroll- fn^^ifecoJd^ 
ing Committee, and certified to their respective Houses to be in|"a?d° En- 
competent and well qualified to the discharge of the duties re- cierkL*^"^ 
quired of him ; and such Clerk shall be removed, at any time, 
upon the recommendation of the Enrolling Committee of the House 
in which he is employed. 



48 



PT. 1. — TIT. 5. — Judicial Department. 



Chapter 1.— General Provisions in Regard to Judicial Power. >« 

§ 1S8. The Secretary of the Senate and the Clerk of the House 
antf'cTeTk ^^ Representatives must, within ten days after the adjournment 
S^eTs^^an^d ^^ ^^^^ session, file, in proper order, all the papers and docu- 
ocumenL^ ments of their respective Houses. 

§ 189. The records, papers, and documents thus filed, must be 

SocrotAry delivered to the Secretary of State, who, upon receipt of the 

sbfiu not be samc, must certify that such Secretary and Clerk have respectively 

filed '\a^'"'^ complied with said requi^tions, and the Treasurer shall not pay 

their several salaries until such certificate is produced. 

§ 190. When there is a meeting of both branches of the General 
Secretary Asscmblv in auv one chamber, said Secretary and Clerk shall be 

must aid ... 

when both prcscnt and ioin in the discharge of the duties required, and shall 

Houses meet ■■• *' o T. ? 

enter on the Journals of each the proceedings. 



TITLE V. 

THE JUDICIAL DEPARTMENT. 



CHAPTER L 

GENERAL PROVISIONS IN REGARD TO JUDICIAL POWER. 



Section. 

191. Judicial power — where vested. 

192. Kulcs of Court shall be observed. 

193. Judge interested shall not preside. 

194. Power of the Court. 



Section. 

195. Kecords shall not be removed. 

196. Minutes read and signed by Judge. 

197. The Court may act when no Clerk. 



Court 



§ 191. The Judicial power of the State is vested in such tribu- 

Jmiiciaii^als as are created by the Constitution, and such other Inferior 

vesS~^^'^ Courts as are or may be established by law, and such persons as 

are or may be specially invested with powers of a judicial nature. 

§ 192. The rules of the respective Courts, legally adopted and 

Eui§B of iiot in conflict with the Constitution of the United States, of this 

State, or the laws thereof, are binding and must be observed. 

§ 193. No Judge or Justices of any Court, no Ordinary, Jus- 

when ju- tico of the Pcace, nor presiding officer of any inferior judicature 

fs'incompe'^ or commission, can sit in any cause or proceeding in which he is 

(Ses.^'' ^^^ pecuniarily interested, or related to either party within the fourth 

degree of consanguinity or affinity, nor in which he has been of 

counsel, without the consent of all the parties in interest. 



PT. 1. — TIT. 5. — Judicial Department. 49 

Chapter 1. — General ProvLsions in regard to Judicial Power. 



§194. Every Court has power — courts have 

1. To preserve and enforce order in its immediate presence, and to enforce 
as near thereto as is necessary, to prevent interruption, disturb- prchcnce. 
ance, or hindrance to its proceedings. 

2. To enforce order before a person or body empowered to con- ^^lf^''ll^{l';, 
duct a judicial investigation under its authority. authority ^^" 

3. To compel obedience to its judgments, orders, and process, compel obe- 
and to the orders of a Judge out of Court, in an action or pro- process 'and 

,. ,, . judgment 

ceedmg therein. 

4. To control, in furtherance of iustice, the conduct of its To control 

, . , . T . , its officers. 

officers and all other persons connected with a judicial proceed- 
ing before it, in every matter appertaining thereto. 

5. To administer oaths in an action or proceedino^ pendinaj Toadmin- 

-,.■.-. T T • 1 . , ° ister oaths. 

therein, and m all other cases, when it may be necessary, in the 
exercise of its powers and duties. 

6. To amend and control its process and orders, so as to make . ^o an. end 

••■ ' Its process, 

them conformable to law and justice, and to amend its own record ^^^^ords, etc. 
so as to make them conform to the truth. 

^ 195. ISfo records or papers of any Court must be removed out "^^^^ ^«- 

'^ jr r •/ cords may 

of the County, except in cases of invasion whereby the same ^® removed. 
may be endangered, or unless by order of the Court. 

§196. The minutes of every Court of record must be read Minutes 

•^ must be read 

each morning by the Clerk in open Court, and on the adjourn- ^°^^^siied. 
ment of the Court must be signed by the Judge, Judges, or Jus- 
tices thereof; but if not signed are valid unless repudiated by 
the Court. 

§ 197. The acts of a Court shall not lack validity for the want court may 

•^ perform du- 

of a Clerk, and whenever there is no Clerk, or none to be had, or ties of cierk 

■' ^ ^ ' ' -when there 

he is incapable of discharging his duty, and any Court performs ^^°'^^^- 
that duty itself, its action as such is valid. 



CHAPTER II. 

THE SUPREME COURT AND ITS OFFICERS, 



Article 1. — Tlie Supreme Court and its Judges. 

Article 2. — The Clerk. 

Article 3. — The liepo^-ter. 

Article 4. — The Sheriff, or 3Iarshal. 
4 



50 



TT. 1.— TIT. 5.— CHAR 2.— Judicial Department. 



Article 1. — The Supreme Court and its Judges. 



ARTICLE I. 

THE SUPREME COURT AND ITS JUDGES. 



Section. 

19S. Judges of the Supremo Court. 

109. Their oath of olficc. 

2(X). Two may hold the Court. 

201. Who arc eligible for Supreme Bench. 

202. Vacancies — how filled. 



Section. 

203. When there is but one Judge, etc. 

204. Unanimous decisions how reversed. 

205. The powers of Supreme Court, etc. 

206. Two of the Judges must concur, etc. 

207. Officers of the Supreme Court. 



§ 198. The powers of the Supreme Court are vested in, and its 
Judges of duties performed by, three Judges, [one of Avhom shall be styled the 
Court. Chief Justice,] (a) who are elected for the term of six years by the 
General Assembly. 

§ 199. Before entering on the discharge of their duties they 
Their oath, shall take the oath prescribed for Judges of the Superior Courts, 
and all other oaths required for civil oJBficers. 

§ 200. [They, or two of them, may hold said Court, and the 
Two may oldcst Judffc in commission, in the absence of the Chief Justice, 

hold Court— . ^ '. ,' 

Chief Jus- is President thereof, but without any greater powers than his 



tice 



associate; and when the office of the present oldest Judge in com- 
mission shall become vacant by death, resignation, or otherwise, a 
Chief Justice shall be appointed or elected to fill such vacancy.] (a) 
§ 201. No person is eligible as such unless he has been duly 
Who are admitted and licensed to plead and practice in the Courts of Law 

eligible to 

the Supreme and Equity in this State for ten years prior to his election. Within 
twenty days after the election the Governor shall issue his com- 
mission. 

§ 202. In case of a vacancy (from any cause) the Governor shall 
Vacancies— appoint and commission some qualified person to supply it until 
plied. the next meeting of the General Assembly, who shall elect some 

one for the unexpired term. If a vacancy occurs during the ses- 
sion of the General Assembly, there must be no appointment, 
but if it closes without an election the Governor shall appoint 
some person to hold the office until the action of the General 
Assembly. 

§ 203. When two or all of the Judges are disqualified from 
^^y^^j'^J'^^ deciding any car se or proceeding pending in their said Court, 
how'fheclse ^^^7 must Certify the same to the Governor, who must direct a 
poseX'^^^ commission to issue to any two or three Judges of the Superior 



(a) Acts of 1866, p. 17. 



PT. 1.— TIT. 5.~CIIAP. 2.— Judicial Department. 51 

Articlo. 1. — TJie Supreme Court and its Judges. 

Court Vyliom he may select, and who have not performed any 
judicial duty in the cause, empowering them in the particular 
cause stated to exercise the powers of a Judge of the Supreme 
Court therein, as in cases of vacancy, at the time and place for 
hearing and determining the same. 

§204. A decision concurred in by three Judo-es can not be.nowunan- 
reversed or materially changed, except by a full bench, and then ^'"^s may be 
after argument had, in which the decision, by permission of the 
Court, is expressly questioned and reviewed ; and after such argu- 
ment the Court in its decision shall state distinctly whether it 
affirms, reverses, or changes such decision. 

§ 205. The Supreme Court has authority — ccjn'^^htl 

1. To exercise appellate jurisdiction, and that only, and in no '''^^^ ^'J.'J^^~g 
case to hear facts or examine witnesses. rFsdictSon^a- 

2. To hear and determine all causes, civil and criminal, that ^^"^; 

^ •'To hear and 

may come before it, and to grant judgments of affirmance or cases^ ™ that 
reversal, or any other order, direction, or decree required therein, itTn'd^To 
and if necessary to make a final disposition of the cause, but in j^udgmenl"^^ 
the manner prescribed elsewhere in this Code. 

3. To grant any writ necessary to carry out any purpose of its To grant 
organization, or to compel any inferior tribunal or officer thereof J^J^f^^ ^^^ or- 
to obey its order. 

4. To appoint its own officers, and to commission any person to To appoint 

^ ^ . ' -^ -t^ Its own offi- 

execute any specific order it may make. <^ers. 

5. To establish, amend, and alter its own rules of practice, and To make 

■^ ' rules of prae- 

to regulate the admission of Attorneys. ^i^e. 

6. To punish for contempt by the infliction of a fine as high as to punish 
five hundred dollars, and imprisonment not exceeding ten days, or tempts, 
both. 

7. To exercise such other powers, not contrary to the Consti- .^°^,^''^^: 

tr 7 J cise all legal 

tution, as are or may be given to it by law. powers. 

§ 206. The concurrence of two of said Judo;es is necessary to Two judges 

*J *> must concur 

make a reversal, or to grant any order disturbing the judgment ^o reverse, 
of the Court below; and when only two preside in a cause, andoniv^r'^^ 
they disagree as to the reversal or as to said order, the judgment di'sagiee- 

T fY» -I meut affirms 

stands amrmed. 

§207. The officers of the Supreme Court are a Clerk, a Re- The officers 

. . ni •«. -, 1 . of the Su- 

porter and assistants, a bneriff and deputies. preme court 



k 



52 



PT. 1.— TIT. 5.— CHAP. 2.— Judicial Depahtment. 



Articlo e.— The Clerk. 



ARTICLE II. 



THE CLERK. 



Section. 

20S. Ilis appointment and oatli of office. 

200. May appoint a deputy. 

210. Tlic duties of tlic Clerk enumerated. 



Section. 

211. Must tax costs, etc. 

212, Who liable for costs, etc. 



§ 208. The Clerk of the Supreme Court holds his office for six 

ment^^^a^nd J^^'^^i uiiless removed for incapacity, improper conduct, or neglect 

oath of clerk ^f dutj ; and before entering upon his duties he must take an oath 

faithfully to discharge them, and also all other oaths required of 

civil officers. 

§ 209. He may appoint one or more deputies in his discretion, 
May ap- uudcr such rulcs as the Court may adopt, he beinp; responsible for 

pointadepu- , . . 

ty. the faithful performance of their duties ; and when so appointed 

their powers and duties are the same as his. 
§ 210. It is his duty— 

1. To keep an office at the seat of Government in one of the 
Must keep apartments of the Capitol, where all books, records and archives, 

an office at ■'^ . 

Capitol. and the seal of the Court shall remain. 
Must at- 2. To attend all sessions of the Court and obey all of its lawful 

A. 1 J. 1 •' 

tend the - 

Courts. orders. 

3. To keep in well bound books fair and regular minutes of the 

Must keep Court's proceedings, a record of its judicial acts, a docket of its 

cords, etc. causcs, and such other books as said Court may require him to 

keep. 

^^^ 4. To certify, when required, upon payment of his lawful fees, 

tify records ^H miuutcs, rccords, or files of said Court. 

and i)apcr3. ' ' 

5. To arrange the cases on the docket by Circuits, and to give 
Must pub- notice in one of the nevfspapers, printed at the place where the 

lish order of , , n r r 7 i- ^ i 

Circuits. Court IS to bc held, twenty days previous to its session, of the or- 
der of arrangement. 

6. To submit to the Governor a fair statement of each criminal 
Must re- pauper case, showing the items of costs, the nature of the crime 

per cases to chartrcd, and the County from whence it came, under the seal of 

the Govern- c 7 ^ ./ 7 

or. the Court, as a condition to a warrant in his favor for their pay- 

ment. 



Mn 

out 



7. To make out a remitter of every case within ten days from 

Ver^Sll *^^ adjournment of the Court, and to transmit it to the attorney 

of the party prevailing, together with a certificate of the amount 



PT. 1.— TIT. 5.— CHAP. 2.— Judicial Department. 



53 



Article '}. — The Reporter. 



of the costs, and by whom paid, which remittor shall consist of a 
eopj of the judgment of the Court as entered on the minutes, 
and nothing more. 

8. To issue and sign all vfrits and processes of every description ^n wiits'S 
issued under the authority of the Court. proctHstB. 

9. To administer such oaths and take such affidavits as the busi- ^ust ad- 

minister 

ness of the Court or the lavr may require. ''^^^'•'^• 

10. To discharge whatever other duty may be required by law, forrn"aii JX 
or necessarily appertains to nis oirice. ties. 

§211. Vfhen judgment shall be pronounced in any cause, he Must tax 
shall tax the costs thereof, item by item, which shall be entered ciiarge only 

for S(;rvicc8 

on the minutes at the foot of the judgment without charge. He rendered' 
shall make no charge for attaching the seal to the remitter, nor 
to any precept issued by him, nor for any thing but services ac- 
tually rendered ; nor shall he record the bill of exceptions, or 
transcript of the records from the Court below. 

§ 212. Every attorney for the plaintiff in error, who argues or Yf*^ f^ 
presents a cause to the Supreme Court, is liable to the Clerk for c^=ts. 
costs, except in a pauper case- 



ARTICLE III. 



THE REPORTER. 



•Section. 

213. Appointment and oath of Reporter, 

214. May appoint an assistant. 

215. Must attend Courts, etc. 



Section. 

216. Reports must not contain arguments. 

217. Penalty for failing to publish reports. 

218. Copyright reserved to the Reporter. 



§ 213. The Eeporter of the Supreme Court holds his office for Appoint- 

^ ^ mentand 

the same term and on the same conditions as the Clerk, and before oath of the 

■^ Eeporter. 

entering on his duties must take the same oaths. 

§ 214. He may, with consent of the Court, under such rule as May ap- 

,t 1 • * • -rt -IT- point assist- 

t'hey may adopt, appoint an Assistant Reporter, whose duties are ant. 
the same as the Reporter's. 
§ 215. It is his duty — 

1. To attend all sessions of the Supreme Court by himself, or Must attend 

, . . the Courts. 

his assistant. 

2. To publish in srood and substantial form tbe decisions of said Must pub- 

... lish decis- 

Court as written out, within six months of the time of their de- ions. 
livery to him. 

3. To furnish one copy of each volume of his Reports to each 



54 



PT. 1.— TIT. 5.— CIL\P. 2.— Judicial Department. 



Article 4.— The Shcriir. 



Must fiir- Judge of the Supreme Court; o-ne copy to the Clerk thereof, to- 

to thc«'"sKto be kept in his office ; twenty-five copies to the State, to be deliv- 

officers. ered to the State Librarian ; and a copy to each Clerk of the 

Superior Courts, to be kept in their offices. For such .copies he 

shall be paid by the Governor ait the price of three dollars per 

copy. 

§ 216. The volumes of Reports must not contain any argument^ 

Reports not or brief of counsel, beyond a statement of the points and au- 
to eo n t a i n . . 

argument of thoritlCS. 

§ 217. If he fails to publish his volumes of Reports within the 

Penalty for time designated, he forfeits one-fourth of his salary for every ad- 

pubiish Re- ditioual month's delay, unless a maiority of the Court will certify 

ports as the '' \ i • r. i .. i t i • -i 

law requires that thc delay was not from his fault, or of those under his control ^ 
and if he fails to publish and furnish them as required in preced- 
ing Section, he also forfeits one-fourth more of his salary^ and 
must be removed by the Supreme Court. 
Copyright § ^^^^ ^^ shall havc the copyright to his Reports in addition to 

all be' "^ 
porter's. 



8hallbeEe-j^.gg^|^^^^ 



ARTICLE lY. 



THE SHERIFF, 



Section. 

219, Sheriff shall attend Supreme Court. 

220. If he fails the Court may appoint. 



Section. 

221. Sheriff's fees in the Supreise' Cotirt. 



§ 219. The Sheriff of the County wherein a session o>f the Su- 
Dutyof preme Court is holden, or his deputy, must attend daily the ses- 
the County sious thcrcof, obcy all lawful orders, execute all lawful commands 
Court isheid and proccss, and preserve order. 

§ 220. On failure of said Sheriff, or a lawful deputy, to attend 
Court may and discharge the duties required, or any part thereof, the Court 
officer. . may appoint some fit and proper person for such purpose. 

§221. He shall receive for his services the fees allowed in the 
Sheriff's Superior Court for like services, and when he performs a journey 
preme Court in the discharge of his duties he is entitled to the same pay for 
mileage as a Marshal of the United States. 



PT. 1.— TIT. 5.— CHAP. 3.— Judicial Department. 



55 



Article 1. — The Superior Court and its Judges. 



CHAPTER III. 

THE SUPERIOR COURTS AND THEIR OFFICERS. 



Article 1. — The Superior Court and Judges, 
Article 2. — The Clerks. 
Article 3. — The Receiver. 



ARTICLE I. 



the superior court and its judges. 



Section. 

222. Election and official term of Judges. 

223. Their oath of office. 

224. Vacancies— how filled. 

225. Time of election. 

226. Judges elected to fill vacancies. 

227. No special election — when. 

228. Who are eligible to Judgeship. 

229. Shall not practice law. 

230. Shall not be deprived of his office. 

231. Must hold Court twice a year. 

232. His jurisdiction. 



Section. 

233. Duties of the Judge. 

234. Shall deliver his charge in writing. 

235. Such charge shall be filed. 

236. Jurisdiction of the Superior Courts. 

237. Powers enumerated. 

238. When the Judge is absent. 

239. Can only exercise powers granted. 

240. When the Judge is disqualified. 

241. May be impeached. 

242. Perform no judicial act out of State. 



§ 222. Judges of the Superior Courts are elected by the people 
of and for each Judicial Circuit, in the manner and at the time 
hereinafter prescribed, and hold their offices for four years, unless 
sooner removed in the manner prescribed by the Constitution. 

§ 223. Before entering on the duties of their office, they must 
take the oath required of all civil officers, and in addition the fol- 
lowing — viz : 

"I swear that I will administer justice without respect to per- 
sons, and do equal rights to the poor and the rich, and that I will 
faithfully and impartially discharge and perform all the duties 
incumbent on me as Judge of the Superior Court of this State, 
according to the best of my ability and understanding, and agree- 
able to the laws and Constitution of this State, and the Constitu- 
tion of the United States. So help me God." 

§ 224. When a vacancy occurs (or from some cause there is a 
failure to elect), the Governor shall appoint some qualified person 
to fill such vacancy, and shall order a special election. [And 



Election 
and official 
term of the 
Judges. 



Their oath. 



Vacancies 
—how filled 
— when de- 
clared. 



56 TT. 1.— TIT. 5.— CHAP. 3.— Judicial Department. 



Article 1. — The Superior Court and its Judges. 



when, on the day fixed by the Constitution for the election of 
Judges of the Superior Court and Solicitors General, there is no 
majority vote cast, and therefore no election, the office in such 
Circuit shall be, and is hereby, declared vacant; and such va- 
cancy shall be filled as is now provided by law.] (a) 

§ '2'2o. Such election shall be held on the first Wednesday in 
Timcof j.^i^u-ii-y next thereafter, iv^ovided there is time for the Govern- 

election. »' ^ ^ -^ ^ 

or's proclamation of such election to be advertised for as much as 
thirty days preceding said day. 
Jndws § 2-^- Judges thus elected hold their offices for a full term of 
a vac'icy!^' four ycars, and must be by the Governor so commissioned. 

§ 227. If, at the time a vacancy occurs, the unexpired time of 
The ap- the (former) incumbent does not exceed twelve months, the person 

p o i n t e e ^^ ^ ^ ^ ^ 

hoi.is with- appointed holds his office for the unexpired term, and there shall 

out ail ek'C- ■*■ ^ 17 

tion. \)Q no special election. 

§ 228. No person is eligible to such Judgeship who shall not have 
Who arc been a resident citizen of this State for ten years iust preceding 

eliicible to . ^ o i tD 

the Circuit his clcction or appointment, and who shall not have been an inhab- 

Judgeship. . ^ '■ ^ ^ 

itant of the Circuit over which he is to preside for at least one 
year next preceding the said time, and who shall not have been 
duly admitted and licensed to plead and practice in the Superior 
Courts of this State at least five years prior to the same. 

§ 229. Such Judges are prohibited from practicing law in any 
.Tiui^res of the Courts of this State between the times of their election 

shall not ^ •it ••it- t r* 

practice law. and qualincation, but they may practice until their quaiiiication 
in any case in which they may have been actually employed be- 
fore their election; and they are also prohibited from practicing 
as attorneys, proctors, or solicitors, in the District or Circuit Courts 
of the United States after their election or while in commission. 
§ 230. A person having been appointed or elected a Judge of 
Attaching any Circuit can not be deprived of his office by attaching the 
of his resi- County in which he resides to a different Judicial Circuit, but he 

•lence to an- . ti .,. , ,, ' -i t • i /~i' 

other Circuit continucs to dischargc its duties as though he resided m the Cir- 

does not oust ^ ° 

him from of- cuit. 

fice. 

§ 231. Said Judges must hold the Superior Courts of each Cir- 
Must hold cuit at the County site and Court House (if any) of each County, 
each" Count." or othcr placc therein designated by law, twice each year, at such 
twic!e a year, timcs as is now or may be prescribed by the General Assembly. 

(a) Acts of 1866, p. 136. 



PT. 1.— TIT. 5.— CHAP. S.—JuDiciAL Department. 57 



Article 1.— The Superior Court and its Judges. 



§ 232. The iurisdiction of the Judges of the Superior Courts ., 'JQriHdic- 
is co-extensive with the limits of this State, but they are not com- ii"/t^ll^'^^^ 
pelled to alternate unless required by law. 

§ 233. Each of said Judges shall discharge all the duties re- i^'^'ies of 
quired of him by the Constitution and laws for the Circuit for 
which he was elected or appointed, although he may hold Courts 
in other Circuits, and may also exercise other judicial functions 
for them when permitted by law. 

§ 234. The Judges of the Superior Courts of this State shall, wrfttc-n 

in all cases of felony, and on the final or appeal trial of all civil certain cases 

cases tried before them, give their charges to the jury in writing; 

that is to say, shall write out their charges and read the same to 

the jury, when the counsel for either party shall require them to 

do so ; and that it shall be error for such Judge to give any other 

or additional charge than that so written out and read. 

§ 235. The charge so written out and read as aforesaid shall be siiaii be 

fli 1 

filed with the Clerk of the Court in which the same was given, 
and shall be accessible to all persons interested in the same; and 
the Clerk shall give certified copies thereof to any person apply- 
ing for the same, upon the payment of the usual fee. 

§ 236< The Superior Courts have authority — jurisdiction 

1. To exercise original, exclusive, or concurrent jurisdiction (as coufts mTi- 
the case may be) of all causes, both civil and criminal, granted Sai^ses^" 
to them by the Constitution and laws. 

2. To exercise the powers of a Court of Equity. Equitable 

3. To exercise appellate jurisdiction in all civil cases tried by May try 

1 /-( /^ 1 • 1 • PIT fippealsfrom 

a lury m the County Court, or where ludffment is coniessed, and the county 

. . t> o 7 Courts, etc. 

from judgments of the Ordinary. 

4. To exercise a general supervision over all inferior tribunals, May cor- 

, . rect errors of 

and to review and correct in the manner prescribed by law the inferior tri- 

^ ^ ^ bunals. 

judgments of the Justices of the Inferior Court, the Justices of 
the Peace, Corporation Courts or Councils, or any inferior judi- 
cature, or any person exercising judicial powers, and of the Ordi- 
nary, except in cases touching the probate of wills and the grant- 
ing of letters of administration, when there must be a special 
jury impanneled. 

5. To punish contempt by fines not exceedino: two hundred dol- Mny pun- 

, T . . , isb for con- 

lars, and by imprisonment not exceeding twenty days. tempts. 

6. To exercise such other powers, not contrary to the Constitu- .Mar exor- 

■•• ' "^ cise all other 

tion, as are or may be given to such Courts by law. legal po\Yers 

§ 237. The Judges of the Superior Courts have authority — 



58 PT. 1.— TIT. 5.— CHAP. 3.— Judicial Department. 

Article 1. — The Superior Court and its Judges. 

judiresmivv 1- To gi'aut foi* tlieli' respective Circuits writs of certiorari, 
oic c ruV- supersedeas, quo ivarranto, mandamus, habeas corpus, and bails in 
seiie<u% etc, actions ex-delicto. 
May grant '2. To grant Lills quia-timct, writs of injunction, prohibition, 

bills quia- -, 

titntt, etc. and ne-exeat. 

3. To grant all other writs, original or remedial, either in law 
May grant or equitj, that may be necessary to the exercise of their jurisdic- 
tion, which is not expressly prohibited. 

4. To hear and determine questions arising upon writs of habeas 
flnd^*'''de^tS- ^^^'P^^^ ^^' ^^^^5 when properly brought before them ; all motions to 
to "nitTi"s gi'«'iQt, revive, or dissolve injunction, to give new security or lessen 
tSns'to'dis- ^^® amount of bail, and to perform any and all other acts required 
ffonl'eJc.'" of them at Chambers. 

5. To administer oaths and to exercise all other powers neces- 
Mayaf^min- sarily appertaining to their jurisdictions, or which maybe granted 

ister oaths. tit t/ o 

them by law. 

§ 238. The authority granted in the preceding Section to each 
J d^^-^"ab^ Judge in his own Circuit may be exercised by any Judge of an- 
ci"r?ui"^o? other Circuit whenever the resident Judge is absent from the Cir- 
I'S^o uf e'^r ^^^t, so that the business can not be done as speedily as necessary, 
ex^lrcTse 01* is iudisposcd Or interested, or is laboring under any disqualijB- 
authority. Qr^^Q^i or inability to serve, or in case the Circuit should be, from 
any cause, without a Judge. The authority, when thus exercised, 
should show the grounds. 

§ 239. Said Judges can not exercise any power out of term 

Can only time, exccpt the authority is expressly granted ; but they may, by 

err^onr'of Order granted in term, render a judgment in vacation. 

term time. §240. When from any cause the Judge of the Superior Court 

When Judge is disqualified from presiding, he shall procure the services of a 

is disquali- tip iz-i-- ■ i • c* t i 

fled he must Juao;e 01 another Circuit to try said cause, ii he has to appoint 

obtain the '= "^ xr. i . ,. . ^ 

servicc'3 of an adiourned term tor that purpose, it the parties Jitigant con- 

another ♦^ ^ ^ ... 

jud^re, or gent thereto and select any attorney practicing in the Court to 

an attorney ^ ^ '^ ^ x cd 

inayprcside prcsidc iu such a casc, the Judge shall have such consent entered 

by cjDS^nt. ■'■ . ° 

on the minutes, and the attorney so selected shall exercise all the 
functions of Judge in that case. 

§ 241. If any Judge does not comply with the provisions of the 
Mavbc precedinf^ Section within a reasonable time, when it is in his 

impeached. .... 

power to do so, it is a ground of impeachment. 

§ 242. No Judge of the Superior Courts shall have authority to 
form no ju- perform any judicial act required of him by law when beyond the 
of the State, jurisdiction of this State. 



PT. 1.— TIT. 5.— CHAP. 3.— Judicial Department. 



Article 2.— The Clerks of the Superior Courts. 



59 



ARTICLE II. 

THE CLERKS OF THE SUPERIOR COURTS. 



Skctton. 

243. Election Clerk Superior Court. 

244. Can not practice law. 

245. Vacancy — hoAv filled. 

246. Elected to fill a vacancy. 

247. In case of a tie, etc. 

248. An appointment must bo made. 

249. Wlio may act. 

250. Appointee may hold to end of term. 

251. Judge may appoint in certain cases. 

252. How long such appointee may hold. 

253. Oath of Clerk of Superior Court. 



Section. 

254. Must give bond and security. 

255. May appoint deputies. 

256. The place of the office— duties. 

257. Powers of the Clerk, etc. 

258. Penalty for a failure of duty. 

259. Clerk subject to rule. 

2G0. Subject after retiring from office. 

261. Ilow removed from office. 

262. His office subject to be examined. 

263. Pay when not otherwise provided. 

264. Proceedings if pay is refused. 



§ 243. The Clerks of the Superior Courts are elected for the Election 
term of two years, and are eligible during the same time to be the superior 
also Clerks of the Inferior Courts. 

§ 244. No person is eligible to the office of Clerk, or to perform cierk can 

-' IT CI 7 r not practice 

any official duty as such, who, while in such capacity, practices ^^^• 
law in his own name or another's, as a partner or otherwise, in 
any Court of Law or Equity in this State, except in his own case. 

§ 245. If a vacancy occurs (or will shortly), any two or more _^^^^^^y 
Justices of the Inferior Court of the County where it happens p^^^^- 
shall give notice in one or more of the public gazettes of said 
County (if any), and at the Court House, and at three or more of 
the most public places of said County, twenty days previous to 
the day of election, which shall be appointed by them. 

§ 246. The person elected on said day shall hold his office for to mf Tva- 
the unexpired term of his predecessor. The returns of the elec- only' the un- 

, T t r^ 1 ••!• expired 

tion must be made to the (J-overnor, who must commission mm. term. 
§ 247. Should anv two or more candidates, at an election to fill i^ case of 

^ ^ ' ^ a tie a Clerk 

said vacancy or at a rep'ular election, have the hiojhest and an is appointed 

*/ o ^ o and a m 

equal number of votes, said Justices shall appoint and advertise ^^^^:^^ 
another election in the manner prescribed in the preceding Sec- 
tions, and so do until a choice is made. 

§ 248. As soon as a vacancy occurs, or in anticipation of it 
said Justices, or a maiority of them in commission, must meet and ^^*\.\^^^,^^ 

7 o t/ 7 must De ap- 

appoint some qualified person to discharge the duties of Clerk r^^^^^^*^- 
until the vacancy is filled. 

§ 249. If from any sudden emergency there is a vacancy, and 
it is not immediately supplied, the Clerk of the Inferior Court periJr'court 
must discharge the duties of said Clerk until one is appointed ; JJ^^ne^J^J^"^' 



ew 

tion or- 



Until an 
' election is 



Clerk of In- 
ferior Court 
mav act as 



60 PT. 1.— TIT. 5.— CHAP. 3.— Judicial Department. 

Article 2. — The Clerks of the Superior Courts. 



and in case the vacancy occurs at the same time in both offices, 

the Ordinary or his clerk shall thus act. 

§ 250. When a vacancy occurs, and it is not more than six 

If oniysix months from the time the election can be appointed by said Jus- 
months of an . ^ ^ ^ ^ ^ »' 

tlrm^Vu-f>- ^^^^^ ^^^'^ ^^^^^ until the existing term will expire, the person or 
rv"acVno V persons appointed shall discharge the duties of the office for the 



holds out the 
teru. 



balance of the term, and there shall be no special election. 



§ 251. If there is a vacancy, or the Clerk and his deputy for 
jiuigomay auv rcasou do not act as Clerk at the time provided by law for 

a p i> o i n t a "^ , ^ , ■; . *^ 

ciork in 001- holding any of said Superior Courts, the presiding Judge thereof 
shall appoint a Clerk, who holds his office during the term and 
for ten days thereafter, and any act that he does during said time 
that the Clerk could have done is valid. 

§ 252. If by the expiration of said time there is no one else to 
Such ap- act as Clerk, said last mentioned appointee may continue as such 

pointoe may ' . 

eiection^^^" ^^^^^ there is an appointment or election; and any appointee or 
other person lawfully discharging said duties shall continue to do 
so until there is an election and qualification. 

§ 253. The Clerks, before entering upon the discharge of their 
cierk'of the ^^*^^^' whcthcr appointed, elected, or such by operation of law, 
ly'^yP^'"^"^ must, besides the oath required of all civil officers (unless already 
taken), take and subscribe to the following oath: 

*'I do swear that I will truly and faithfully enter and record 
all the orders, decrees, judgments, and other proceedings of the 

Superior Court of the County of , and all other matters 

and things which by law ought by me to be recorded ; and that 
I will faithfully and impartially discharge and perform all the 
duties required of me to the best of my understanding. So help 
me God." 

When said oath is taken by the Clerks of the Inferior Court, 
Appointees the Ordinaries, or their deputies acting in a certain contingency 
Sk'^' S.h'**^'^ Clerks of the Superior Court, they may take it before any 
person authorized to administer an oatb, and enter it on the min- 
utes of the Superior Court. 

§ 254. They shall also at the same time (except those appointed 
'ivebond ^7 *^^ Judgcs of the Superior Courts and those so by operation 
of law) execute a bond in the sum of three thousand dollars, with 
good security. 

§ 255. They shall have the power to appoint a deputy or depu- 
ties, and may require from them bonds with good security, who 



PT. 1.— TIT. 5.-- CHAP. 3.— -Judicial Department. 61 



Article 3. — The Clerks of tlie Huperior Courts. 



shall take the same oath as the Clerks do before entering upon the B»iSof 
the discharge of their duties, and whose powers and duties are ai,iJ,Ui"\uf- 
thc same as long as the principal continues in office, and not ['J^V',; "^akc- 
longer, for the faithful performance of v/hich they and their secu- ^iVe bond ' 
rities are bound. 

§ 256. It is the duty of the Clerks of the Superior Court — 

1. To keep their offices and all things belonging thereto at the omormust 
County site and at the Court House, unless impracticable from '''' ^^'*' 
any cause, when, by special permission of the Justices of the In- 
ferior Court, it may be kept at some other designated place not 

more than one mile therefrom, of which public notice must be 
given. 

2. To attend all sessions of the Courts and keep fair and reau- cierk must 

J- ^ c attend Court 

lar minutes of their proceedings from day to day, including a ^'(J^^jy^Q! 
transcript of the Judge's entry on his dockets when not more f "j e"f o"^ 
fully shown in a book kept for that purpose. Docket^"^'^ 

3. To issue and sign (and attach seals thereto when necessary) ^^"^t issue 

o \ v/ / processes of 

every summons, subpoena, writ, execution, process, or order, or ^^^ ''^^^'^^^ 
other paper under the authority of the Court. 

4. To keep in Court, convenient of access, the following dock- Must keep 

•"■ ^ . ^ certaindock- 

ets — to wit: a Common Law Docket of civil cases, in which must ?^s as foi- 

■' ^ lows : Com- 

be entered by appearance term the names of the parties and J^JJ.^^t''"^'^ 

attorneys, the nature of the action, and the Sheriff 's return ; an 

Appeal Docket and an Equity Docket, in which must be entered Do^^gt*^ 

all the cases to the respective terms to which they are returned 

or stand for trial, together with other entries, as in the case of the 

Common Law Docket. 

A Claim Docket, a Certiorari and an Illegality Docket in the ciaim 

^ . . Docket. 

sam^e manner. A Motion Docket for entering^ all motions to be ,, . 

° Motion 

submitted to the Court, showing the nature of the motion, and the docket. 
parties and attorneys thereto. 

A Subpoena Docket for civil cases, and one for criminal cases, subpa?na 
in which must be entered the case in v/hich the subpoena issues, 
the date, the name of witness, for whom issued, and to whom de- 
livered, and any return of the Sheriff thereon. 

In the former must be likewise entered, and in the same man- Criminal 

Docket. 

ner the issuing of commissions. A Trial Docket of Criminal Cases 
in which must be entered all the criminal cases in the order the 
indictments are found, the nature of the offense, and the attorneys 
for the defense. 



62 PT. 1.— TIT. 5.— CIIAr. 3.— Judicial Department. 

Article 3. — The Clerks of the Superior Courts. 

A docket in which must be entered all criminal cases which 
A docket i^j^y(3 \yQQn q^ the Criminal Docket for as much as five years with- 

of criminal •/ 

whfch^ there ^^^^ ^^J existing arrest, and which must be inspected by the Court 

fSrSvey^S ^* ^G^^t ouce a jcar, that if necessary any case may be re-transfer- 
red to the Criminal Docket. 

Execution Docket, and enter therein the names of plaintiffs, 

do^kc^t"^"^" their attorney, and the defendants, the amount of principal and 
interest and costs ; the date, the term to which returnable, to 
whom and when delivered, and by whom and when returned, and 
an entry of satisfaction or nulla bona, as the case may be, Avith 
the dates thereof. 

Duplicates of the Common Law, Appeal, and Criminal Dockets, 

Copy dock- one for the use of the Bench, the other for the use of the Bar, in 

ets tor the ' ' 

^^^- which last must be copied from term to term all the entries made in 

the former. All appeal cases must be entered on the same Appeal 
Docket in the order they are entered on the minutes, and from the 
Inferior Court in the same order and at the time received. Divorce 
cases are first to be entered on the Equity Docket, and after one 
trial are to be entered on the Appeal Docket in their proper order 
from the minutes. 

5. To record in well bound books within six months after the 
Mast keep final determination of any civil suit, all the proceedings relating 

record of ./ 7 r o o 

ciTii suits, thereto. 

Must keen ^' ^^ kccp wcll bouud books for recording all deeds, mortgages, 
deeds.'" "^ ^^ ^^^ Other licus and bills of sale separately. 

7. To have properly stamped and labeled, and numbered or 
Must label lettered, if required, all the books herein enumerated, and to keep 

andindex iii nii 1 /~\ \ •! 

the books of for cach (except the dockets called by the Court), a proper index, 
and to supply any of said books or indexes needed, and to tran- 
scribe the contents of any books of record which may be in a di- 
lapidated condition. 

8. To keep all the books, papers, dockets, and records belong- 
£er"/e th^e ii^g to their officc with care and security, and the papers filed, 
to^Vof'rea^ arranged, numbered, and labeled, so as to be of easy reference. 

yre erence g^ rp^ procurc and prcscrvc for public inspection a complete file 
Must pre- of all ncwspapcrs in which their advertisements appear, and have 

serve and ^ ■■■ 117 

have bound them bouud in volumes of suitable size to be deposited and kept 

news jiapers ■«• -T 

IdvTrtiseB.^^ with their other records. 

Must keep 1^' To kccp at their offices all publications of the Laws of the 
ces^aH w!k8 United States furnished by the Governor, and the Laws and 



PT. l.—TIT. 5.—- CHAP. 3.— Judicial Department. 63 



Article 2. — The Clerks of the Superior Courts. 



Journals of this State, all Statute Laws, Dii^ests, this Code, theanddocu- 

Supreme Court Reports, and all other law books, or other public tribuu-d, for 
1 i ' ' »■ public con- 

documents distributed to them for the public convenience. veniencc. 

11. To procure within thirty days after their qualification (if Must keep 
not already done), a substantial seal of office with the name of the Lau' 
Court and County inscribed thereon. 

12. To make out and deliver to any applicant, upon payment Mnstccrti- 
of legal fees, a correct transcript, properly certified, of any min- papers, 
ute, record, or file of their office. 

13. To make out transcripts of the record of all cases for the Must make 

■^ ^ out records 

Supreme Court as the laws require. for supreme 

14. To make a minute on all conveyances or liens of the day Afnstmake 
left for record, and the day recorded, to be sicrned officially, which record of 

' -^ ' ^ '^' , deeds, and 

shall be evidence thereof, and to attest deeds and other wTitten attest deeds 

^ for registra- 

instruments for registration. *^^°- 

15. To administer all oaths durinaj term time required by the Must ad- 

. "^minister 

Court, and to record all oaths required by law. oaths. 

16. To perform such other duties as are, or may be required by Must do 

, ., . , . fy, other duties 

law, or as necessarily appertain to their offices. of office. 

§ 257. The Clerks of said Courts have authority-— 

1. To administer oaths and take affidavits in all cases permit- May admin- 

ister oaths 
ted by law, or where the authority is not confined to some other t>y law. 

officer. 

2. To receive the amounts of all costs due in the Court of which May re- 
they are Clerks, and other sums whenever required to do so by due. 
law, or order of the Judge, and not otherwise. 

3. To advertise under the same rules and restrictions as Sheriffs. May ad- 

vertise. 

4. To exercise such other powers as are or may be conferred Mayexer- 
upon them by law. gai po^vers. 

§258. Any such Clerk failing to perform any duty, or to exer- Penalty for 
cise any authority when required, set forth in the two preceding duty.^^^^ 
Sections, is subject to be fined for each offense by the presiding 
Judge, during term time, as for a contempt, on information of any 
party aggrieved, of which he shall have notice in writing. 

§ 259. If any of such Clerks receive any money on any suit or cierk sub- 
judgment from their Courts, or otherwise, and do not faithfully ^^^^ ^"^ '^'^*^' 
account for it, they are liable to rule as Sheriffs are, and they and 
their sureties are likewise liable on their official bond. 

§ 260. They are subject to the rule and order of their respective subject to 

/>•/.,..« rule atter out 

Courts alter their retirement from office as Sheriffs are. of office. 



64 



TT. 1.— TIT. 5.— CHAP. 3.— Judicial Department. 



Article 3. — The Receiver. 



§ "261. They are subject to be removed from office by the Judge 

moved ^frJui ^^ t^c said Court for any sufficient cause, including incapacity or 

office. misbehavior in office, charges for which must be exhibited to the 

Court in writing, and the facts tried by a special jury, such Clerk 

being entitled to a copy of the charges three days before trial. 

§ 2(32. Their offices are subject to an examination by the Grand 

Clerk's of Juries, their committees, or any person whom they may especial- 

to cx.iniina- \j empowcr to rcport to the same, or a succeeding Grand Jury, 

Grand JurV or to tlic Judo;e of the Superior Court, who shall submit in writing 

or commit- o i -' o 

^^' the condition of said offices, and specify any neglect of duty, or 

any thing done wrongly or corruptly by such Clerks. 

§ 263. For any services rendered, or expenses incurred legally, 
compen- bv Said Clcrks for their offices where no pay is specially provided, 

sation when •' ir^ r.;r./i ? 

none pre- they must bc paid out of the County treasury by order of the 
Justices of the Inferior Court, after examining and passing upon 
their accounts and vouchers, and finding them correct and reason- 
able. 

§ 264. If said Justices refuse to allow and order such accounts 
ferhyr^^court paid. Said Clerks may apply for and obtain a mandamus from the 
low^pay^ Judge of the Superior Court, who shall hear and determine the 
lies. questions, and submit any disputed tact to a special jury. 



ARTICLE IIL 



THE RECEIVER. 



Section'. 

265. Receiver may be appointed — when. 

266. Funds invested pending litigation. 

267. Duties and liabilities of Receiver. 



Section. 

268. Receiver required to give bond, 

269. Receivers of banks, etc. 



§ 265. When any fund or property may be in litigation, and 

Receiver i\^q riffhts of either or both parties can not otherwise be fully pro- 
may be ap- o i. ./ r 

is'an'offiTer ^^ctcd, or whcn thcrc may be a fund or property having no one to 
rior^couJr' Kianage it, a Receiver of the same may be appointed (on a proper 
case made), by the Judge of the Superior Court having jurisdic- 
tion thereof, cither in term time or vacation, and such Receiver is 
an officer of said Court. 
pendin;,' a § ^^^^' ^hc presiding Judge, in his discretion under the law, 
fSmaVbo may order any fund in the hands of a Receiver, or any other of- 
state^bonds! ficcr of Court awaiting the determination of a protracted litiga- 



PT. 1.— TIT. 5.— GIIAP. 3.-— Judicial Depaktment. 



65 



Article 3. — TJic Ucceivcr. 



tion, to bo invested in State bonds, as executors and administra- 
tors are authorized to do. 

§ 2G7. The Receivers so appointed must discharge their trust J)'Jty and 

^ ^ ri ■ ' A liability of 

according to the order or decree of the Courts appointing them, lieceiver. 
and are at all times subject to their orders, and may be brought to 
account and removed at their pleasure. 

S 268. The Judges of the Superior Courts may, in their discre- J'Kigemay 

. . ° . ^ . '^ \ require lie- 

tion, require such Receivers to <2^ive bonds conditioned for the ^-'(^^v^^r to 

-■■ ^ ^ give bond. 

faithful discharge of the trust reposed, and if they require them, 
they must fix the amount and the sufficiency of the security, and 
also regulate their compensation. 

§ 269. Receivers of banks, or other corporations hereafter ap- Receivers 
pointed by any power, are amenable to, and must make their re- tions^^^S 
turns to, the Superior Court of the County where they reside at the to" superior 



time of the appointment. 



CHAPTER [V. 

THE COUNTY COURT AND ITS OFFICERS. 



Articl:^ 1. — The County Court. 

Article 2. — The County Judge.' 

Article 3. — The County Solicitor. 

Article 4. — The Clerh of the County Court. 

Article 5. — The Sheynff and Bailiffs. 



ARTICLE I. 

COUNTY COURT, 



Sectio^t. 

270. Organization and name, 

271. Sessions and time of holding. 

272. Where to be held. 

273. Who presides when Judge is disabled 

274. Jurisdiction generall5\ 

275. At semi-annual sessions. 

276. Quarter sessions. 

277. Extra sessions. 

278. Criminal jurisdiction. 

279. A Court of Inquiry — when. 

280. Is a Court of Record. 

281. Its powers. 

282. Proceeding at semi-annual sessions. 

283. Quarter sessions. 

284. Attachments — when returned. 

285. Jury box and Grand Jury. 

286. Petit Jury. 

5 



Section. 

287. Oath of Juries. 

288. Amendments. 

289. Defenses. 

290. Time of trial— continuances. 

291. Mode of trial. 

292. Claims— how tried. 

293. Attachments — how tried. 

294. Attendance of witnesses. 

295. Moulding verdicts, etc. 

296. Appeals. 

297. Certiorari in civil cases. 

298. In criminal cases. 

299. Duty of Solicitor General. 

300. Sales — how made. 

301. Criminal practice. 

302. Indictment — when tried. 

303. Counsel and witnesses for accused. 



(36 PT. 1.— TIT. 5.— CHAP. 4.--Judicial Department. 

Article 1. — County Court. 

§ -TO. A Court shall be organized in each County in this State, 
Name. to be Called the County Court. 

§ 271. The County Court shall hold semi-annual sessions in the 
Sessions, several Counties on the same days as the Inferior Courts are now 
held ; and two additional terms, which shall be known as quarter 
sessions, which shall be held at times as near equi-distant between 
the semi-annual sessions as practicable — said time to be fixed by 
the County Judge. 

§ 272. Said Court shall be held at the Court House of the 

Where held. CoUUty. 

§ 273. In case of a vacancy, or when the Judge can not preside, 
Vacancy or from sickness or from any other cause, either of the Justices of 

disability of . . . 

Judge. the Inferior Court may preside until such vacancy is filled or such 
disability is removed. 

§ 274. The County Court shall have the jurisdiction in all civil 
juriBdic- and criminal cases hereinafter specified, and such jurisdiction shall 
be exercised as hereinafter provided. 

§ 275. Said Court, at its semi-annual sessions, shall have con- 
., -,^; current iurisdiction with other courts of law in all civil cases 
sions.'^^ ^^^ where the amount involved is over fifty dollars, of which exclu- 
sive jurisdiction is not vested in some other Court, including 
jurisdiction in legitimating persons and changing names. 

§ 276. The jurisdiction of said Court at the quarter sessions 
At quarter shall be coufinod to criminal cases, and to civil cases without limit 
sessions. ^^ ^^ amouut, arising out of the relation of master and servant, 
whether suits for wages, applications to enforce performance, or 
for other purposes ; also applications for the eviction of trespass- 
ers, intruders, and tenants holding over, for the partition of per- 
sonal property, for the trial of possessory warrants, or proceed- 
ings under distress warrants, and habeas corj)us cases. 

§ 277. The Judge of said Court shall have power, whenever he 
Extra sea- ^hall deem it necessary for the delivery of the jail or for the trial 
of the cases specified in the preceding Section, to call extra ses- 
sions of said Court ; but at such extra sessions there shall be no 
jury trial in civil cases unless demanded by one of the parties 
thereto, in which case the Judge shall cause a jury of five to be 
immediately summoned to try the same. In all other cases the 
proceedings shall be the same, in both semi-annual and quarter 
sessions. 

§ 278. The criminal jurisdiction of the County Court, at its 



SlODS. 



PT. 1.— TIT. 5.— CHAP. 4.— Judicial Department. 67 

Article 1. — County Court. 
semi-annual and quarter sessions, extends to all offenses of wliich Criminal 

. . ,. . . , . 1 ^ jurisrJlcUoD. 

exclusive jurisdiction is not vested in some other Court. 

§ 279. If any offense is charged which is within the jurisdiction fv,nrT?f "n* 
of the County Court, and upon the trial thereof it shall appear '^^'^^y- 
that the crime committed is of a grade beyond its jurisdiction? 
the trial thus begun shall be regarded as if before a Court of In- 
quiry, and the Court shall dispose of the case accordingly. 

§ 280. The County Court is a Court of Record, and the pro- court of 
ceedings shall be recorded as in the Superior Court. 

§ 281. The powers of said Court to punish for contempt shall Powers, 
be the same as those of the Superior Court; and the general pro- 
visions of this Code, from Section 191 to Section 197, inclusive, 
concerning the powers of a Court, apply to the County Court. 

§ 282. In the semi-annual sessions the mode of commencing Kuies of 
suit, service, and proceedings in general, shall be the same as in 
the Superior Court, and said County Court shall exercise its juris- 
diction under the rules of said Superior Court, unless specially 
excepted. 

§ 283. In all civil cases, not herein excepted, brought to the summons. 
quarter sessions, the plaintiff shall procure from the Court a sum- 
mons, in which shall be set forth the ground or grounds of com- 
plaint and the time of trial, which summons shall be served by 
the Bailiff or other officer at least five days before the time of 
trial. 

§ 284. Attachments, claims, garnishments, and other like pro- Attach- 
ceedings returnable to the semi-annual sessions, shall be served at °^®° ^' ^ ^ 
least fifteen days before the. first day of the session to which the 
same are returnable ; and the same class of cases, returnable to 
the quarter sessions, shall be served not less than ten days before 
the first day of the session to which the same are returnable. 

§ 285. Immediately after his election and qualification, the jury box 
Judge and Sheriff shall make out a list of persons from the Re- jury. 
ceiver's digest who are liable to jury duty, which shall be depos- 
ited in a jury-box. At each semi-annual and quarter session the 
Judge shall draw therefrom not more than eighteen nor less than 
thirteen Grand Jurors, in the manner pointed out by law for the 
drawing of Grand Jurors in the Superior Court. They shall be 
summoned to attend at, and shall serve for, the term next after 
being drawn, and at any called sessions which may be held previ- 
ous to the next term, and shall be organized and sworn in the 



ric&. 



68 FT. 1.— TIT. 5.— CHAP. 4.--Judicial Depahtmekt. 

Article 1.— County Court. 

same manner as Grand Jurors in the Superior Court. The pro- 
ceedings in all respects, so far as applicable to said Court, shaM 
conform to the laws and usages which govern the Superior Court. 

§ 2S6. From the same jury-box, and at the same time, and m 
other ju- the same manner, the Judge shall draw a jurj of twelve, who 
shall also serve for the term next after being drawn, and at any 
called sessions which may be held previous to the next term ; and 
if from any cause there should be a deficiency of the original 
panel at the session of said Court, the Judge shall cause to be 
. summoned a sufficient number of tales jurors to make up the origi- 
nal panel, for the trial of civil cases, and shall also summon twelve 
tales jurors so as to make up a panel of twenty-four jurors for the 
trial of criminal cases, from which by strikes, as in the Superior 
Court, a jury may be selected. 

§ 287. The jurors serving in the County Court shall take the 
Oath of same oath as is provided for like jurors in the Superior Court, 
and they shall be paid in the same manner. 

§ 288. The provisions of this Code concerning amendments ap- 

Amend- 

mentB. ply to the County Court at either session. 

§ 289. The provisions of this Court concerning defenses also 
apply to the County Court at either session. 

§ 290. Trials shall be had at the second se&sion after service of 
Time of proccss, at the term succeeding that to which such process is re- 
turnable, unless on cause shown for continuance; and continu- 
ances may be allowed under the same rules as in the Superior 
Court. 

§ 291. All civil cases before the quarter sessions shall be tried 
Mode of ^J the Judge, without the intervention of a jury, unless a jury is 
^"^^^ demanded by one of the parties to the record. 

§ 292. Claims to personal property in the quarter sessions, 
Claims— whcro the execution or order issues from said Court, shall be tried 
in the same manner as in Justice's Court; and in the semi-annual 
sessions, in the same manner as in the Superior Court. 

§ 293. In all cases of attachment returnable to the semi-annual 
or quarter sessions, the trial and proceedings shall be the same as 
in the Superior Courts. 

§ 294. The Judge shall have the .power to compel the attend- 
Witnesses. aucc of witnesses by subpcena or otherwise. 

§ 295. Verdicts or judgments may be so moulded as to subserve 
the ends of justice, and may be either for a sum certain, for the 



PT. 1.— TIT. 5.— CHAP. 4.— Judicial Department. 69 

Article 1. — County Court. 

delivery of specific property, for the eviction of an intruder, or 
the performance of a Court contract, or in such other form as 
may seem just and proper, and may he in the alterative. 

§ 29G. Appeals as now taken from the Inferior Court may be Appeal*. 
taken to the Superior Court (in all cases tried at the semi-annual 
sessions), and either party in a civil case may in like manner ap- 
peal from the judgment rendered at the quarter sessions. 

§ 297. A certiorari may be had upon the application of the party <^'erttorari 
complaining of error to the County Judge, within ten days after 
the trial, with notice to the opposite party or his attorney, stating 
the ground of complaint, and giving a brief of the material 
-evidence, upon which it shall be the duty of the Judge to proceed 
as under a writ of certiorari, to certify the proceedings of the 
County Court to the Judge of the Superior Court within ten days 
after such application, and the Judge of the Superior Court shall 
hear and finally determine the same at Chambers, or the session 
'Of the Superior Court as may seem proper. 

§ 298. In criminal cases a certiorari at the instance of the de- . certiorari 
fendant may be had as provided in the preceding Section, and ^'^^^^• 
upon notice to the Judge of the application, the sentence shall be 
suspended until the certiorari is decided. On hearing such writ 
of certiorari^ the Judge of the Superior Court may either grant a 
new trial or pass such judgment or sentence as in view of the 
whole case is consistent with justice. 

§ 299. When any case is carried up as provided in the preceding 
Section, the Solicitor or Attorney General of the Circuit shall take 
charge of and prosecute the same, for which he shall have the same 
fees allowed in bills found in the Superior Court. 

§ 300. The regulations for sale under execution or order from saies. 
the County Court for sums exceeding fifty dollars shall be as in 
the Superior Courts, and for fifty dollars or less as in Justice's 
Court ; and in case of perishable property, the Judge may so or- 
der the time of sale as to subserve the ends of justice. 

§301. All the proceedings in preferring bills of indictment or Pi-acticem 
presentment, and submitting the same for trial, shall conform to sS™"^^ ^ 
the laws and rules governing in the Superior Court in similar pro- 
ceedings. 

§ 302. Every indictment in the County Court, either at its semi- o-iminai 
annual or quarter sessions, shall be in order for trial at the term tr?ea~^^^ 
;at which it is found, but it shall be the duty of the Judge to al- 



n 



PT. 1.— TIT. 5.— CHAP. 4.— Judicial Department. 



Article 5.— The County Jndore. 



low reasonable time to both parties to summon witnesses, and to 
the defendant to procure counsel. 

§ 303. If the accused has no counsel, and is unable to employ 
Counsel counsel, it shall be the duty of the Judge to assign counsel to the 
osfor ac'cS- accuscd, and to issue subpoenas for such witnesses as he may rep- 
resent to be material for his defense, and if necessary to compel 
their attendance : provided^ the Judge may exercise his discre- 
tion in compelling the attendance of witnesses whose testimony, 
in the opinion of the Judge, would be immaterial to the case. 



ARTICLE II. 

THE COUNTY JUDGE. 



Section. 

304. Office— where held. 

305. Election and official term. 

306. Vacancy — how filled. 

307. Commission and oath. 
30S. Qualifications. 



Section. 

309. May practice law — when 

310. His duties. 

311. His authority. 

312. His compensation. 

313. His fees and costs. 



§ 304. The Judge of the County Court shall be entitled the 
tie^^office— "County Judge," and shall have his office at the Court House of 
^^'^^^^^P*- the County. 

§ 305. He shall be elected on the first Wednesday in May, 1866, 
Election ou the first Wednesday in January, 1870, and every fourth year 
office. ™ ^ thereafter, and shall in all cases hold his office until his successor 
is elected and qualified. 

§ 306. Any vacancy in the office of County Judge shall be 

howti[eI~ fi^^^^ ^s in case of the Clerk of the Superior Court (as provided 

in Sections 245 and 246 of this Code), upon fifteen days' notice. 

§ 307. The County Judge shall be commissioned by the Gov- 

commis- emor, and shall take the oath of office prescribed for Judejes of 

sionand^ ^ ° 

oath. ii^Q Superior Court, and no other oath. 

§ 308. No disqualification for holding the office of County 
May hold Judc^c shall arisc from beinsj Clerk of the Inferior Court, or from 

other oQjces. o o 

* holding any other office not involving duties incompatible with 
the duties of the County Judge. 

§ 309. The County Judge may, if an attorney at law, practice 
tice la^^- in in cascs ucvor connected with his own Court. 

certain cases 

§ 310. It shall be the duty of the County Judge — 

1. By himself or his clerk, to keep a strict account of all 



PT. 1.— TIT. 5.— CHAP. 4.— Judicial Department. 71 



Article 2. — The County Judge 



fines and forfeitures, out of which he shall pay himself and the j^j^ ^^^^^^^ 
officers of said Court, pro rata, all costs which have accrued <='i'""fcr'*t«d. 
in said Court known as insolvent cost; the remainder, if any, 
after such payments, and all other moneys, except his costs, 
which come to his hands as County Judc;c, or into the hands of ^„ 
his clerk in his official character, he shall pay over to the County [orfoinirev- 
Treasurer, and report receipts and disbursements to the Grand *^ "^ 
Jury of the Superior Court; and if such fines and forfeitures are 
not sufficient to pay said insolvent costs, the same shall be 
paid out of the County treasury, or such part as may be inspected 
and approved by the Grand Jury of the County : provided, that 
no insolvent costs shall be allowed for more than two witnesses to 
the same material point. 

2. He shall keep an index of Court contracts, and a list of all shaii keep 
certificates and discharges granted by him, which shall be subject ust. 

to the inspection of any one interested therein. 

3. He shall provide a seal for the County Court, and shall court seal 

. . , . . — inspection 

inspect, revise, and pass upon all jail fees arising under his juris- of jaiifees. 
diction before the same are paid by the Inferior Court. 

4. It shall be his duty to have a clerk in office, in case of his shaii have 

, - - a clerk 

own sickness or absence. 

§ 311. The County Judge shall have authority — 

1. To issue bail process in civil cases, admit to bail in criminal .Hisanthor- 

^ ' ity defined. 

cases, issue attachments, foreclose mortgages on personal property, 
issue warrants of distress for rent, issue possessory warrants, writs 
of habeas corpus, and other writs or warrants not within the 
exclusive jurisdiction of some other Court or officer. 

2. He may attest contracts or deeds for registry, administer May attest 
oaths, and exercise all the powers of a Justice of the Peace in administer 

... . . -.1 oaths and is- 

matters civil and criminal, issue warrants requiring offenders to be suewarrants 
brought before him or some other Judge, or some Justice, and sit 
singly or in conjunction with others, as by law required, on a 
Court of Inquiry. 

3. He may, at any time, hear and determine the cases of all , ^^^ytry 

•'' .. criminals 

persons charged with crimes, upon accusations drawn up by the ^^r^^^J^^j,* 
County Solicitor, without a jury; provided the person or persons 
so accused shall, in open Court, declare that he, or she, or they, 
waive an indictment or presentment by a Grand Jury, and arraign- 
ment and trial by a Petit Jury, which declaration shall be entered 
on the accusation, and also on the minutes of said County Court. 



< ^ 



2 TT. 1.— TIT. 5.— CIIAr. 4.— Judicial Department. 



Article 2.— The County Judge. 



4. He shall have power to use the County jail for the detention 
May use of accused parties, and for the punishment of those convicted of 

County jail. £7 l 

offenses, or guilty of contempt. Commitments by him shall be 
lawful warrants to the Jailor and shall be obeyed by him, 

5. The enumeration in this Section is not exhaustive, but the 
other County Judge may in general exercise all such powers as are 

essential to the functions granted. 

§ 812. The County Judge shall receive no salary from the Stqtte, 
Has no sal- but shall roccive compensation for his services in the way of fees 
named in the Section next following, which fees shall be taxed in 
his bill of costs. 

§ 313. In cases not specially excepted, the Judge's costs in the 
His fees scmi-aunual Courts shall be the same as those of the Clerks of 

and costs. . ^ . 

the Superior and Inferior Courts for like services. In cases in 
the quarter and extra sessions if the sum in damages claimed 
exceed fifty dollars, then two-thirds of such costs, and if not 
over fifty dollars, then one third of such costs shall be taxed as 
the Judge's costs ; and in all other cases in which he is authorized 
to act, he shall have such fees as are now allowed by law to 
other officers for similar services. The Judge's costs in criminal 
cases shall be two dollars for every case begun, and two dollars 
additional for every case tried or transmitted to the Superior 
Court. His costs for a case in which discharge or specific per- 
formance is prayed, or other like case not claiming money, shall 
be two dollars. For the foreclosure of mortgages, the partition 
of personalty, the removal of intruders, trespassers, or tenants 
holding over, the trial of claims, for the certiorari of any case, 
forcible entry or detainer, abatement of nuisances, for proceed- 
ings usually tried at Chambers, such as possessory warrants, habeas 
corpus cases, and the like, three dollars. He shall receive one 
dollar for every Court contract which he may approve. In cases 
in which no fees are prescribed by law, the Ordinary or any three 
Justices of the Inferior Court may determine what shall be the 
Judge's costs. 



PT. 1.— TIT. 5.— CHAP. 4.--JUDICIAL Department. 



73 



Article 'S. — The County Bolicitor. 



ARTICLE III. 



THE COUNTY .SOLICITOR. 



Section. 

314. His designation. 

315. Election and commission. 

316. llis qualifications. 

317. How sworn and removed. 



Skction. 

318. Solicitor pro tern. 

319. Fees of Solicitor. 

320. Is collecting officer. 



§ 314. There shall also be a prosecuting attorney, who shall he county so- 



called *' County Solicitor." 



licitor. 



315. The County Solicitor shall be elected at the same time iioweiect- 

•^ ed and com- 

missioned. 



Qualifica- 
tionB. 



Solicitor 
pro iem. 



and commissioned in the same manner as the County Judge. 

§ 316. Such County Solicitor shall have been a practicing at- 
torney, and after his election shall reside in the County for which 
he is elected. 

§ 317. He shall be qualified and sworn as Solicitors and Attor- now sworn 
ney General are qualified and sworn, except that his oath of 
office shall be taken before the County Judge or the Justices of 
the Inferior Court, and shall be removable from office in the same 
manner as Solicitors General are removable. 

§ 318. In case of vacancy, absence, sickness, or other disability 
of the County Solicitor, the Judge may appoint any practicing 
attorney to perform his duties during such absence, sickness or 
other disability, or until such vacancy can be filled by a new 
election. 

§ 319. The County Solicitor shall receive the same fees as are 
now allowed to the Solicitor General of the Circuit in the Superior 
Court for such cases as come within the jurisdiction of the County 
Court. 

§ 320. He shall be the collecting officer for the County Court, 
and shall collect all fines, forfeitures, and bonds, and pay the same ^°s officer. 
over to the County Judge, who shall disburse them according to 
the provisions of Section 310 of this Code. 



His fees. 



Is collect- 



ARTICLE IV. 



CLERK OF THE COUNTY COURT. 



Section. 

321. His appointment and removal. 

322. How paid. 

323. Record of appointment. 



Section. 

324. Oatli and powers. 

325. Shall keep minutes, etc. 

326. Shall keep dockets. 



74 TT. 1.— TIT. 5.— CHAP. 4.— Judicial Department. 

Article 5.— The Sheriflf and the Bailiffs of County Court. 



§ 321. The Clerk of the County Court may be either the County 
Clerk. Judge himsolf or any person appointed by the Judge, removable 
at his pleasure. 

§ 322. The Clerk shall be paid by the Judge, who is responsi- 
How paid. |)le for the good conduct of such Clerk. 

Twecord of ^ ^'^^' ^^^^ appointment and removal of the Clerk shall be en- 
appointmeut tercd ou the minutes. 

§ 324. He shall be sworn to the faithful and impartial discharge 
Oath and of liis duties, and shall be competent to discharge all of the duties 

powers. .... 

of the Judge not judicial in their character. 

§ 825. The Clerk, or Judge acting as such, shall keep the min- 
Minutes utos of the Court, record its proceedings, and issue its orders and 

aad Records. ' ^ ° ' 

processes. 

§ 326. Such Clerk, or Judge acting as such, shall also keep 
Dockets, proper dockets — to wit : One Subpoena and one Execution Docket, 
for all sessions of said Court; for the quarter and extra sessions, 
one Docket of Civil Cases generally, and also one for Criminal 
Cases ; for the semi-annual sessions, one Common Law Docket, one 
Docket for Claims, Motions, Illegality, and other like proceedings, 
and any other docket for either session which the Judge may di- 
rect. 



ARTICLE Y. 

THE SHERIFF AND THE BAILIFFS OF COUNTY COURT. 



Section. 

327. Sheriff 's duty. 
32S. His fees. 

329. Bailiffs — appointment of. 

330. Special Bailiff. 

331. Their bond and oath. 



Section. 

332. Special Bailiff's duty. 

333. Temporary Bailiffs. 

334. Bailiff's fees. 

335. Costs— garnishment for. 



§ 327. The Sheriff and his deputies, when required by the 
Duty of County Judge or the Clerk, shall execute any writ, process, or or- 
deputy. ^ der of the County Court or Judge, as if from the Superior Court, 
and sha41 attend the sessions of the County Court. 

§ 328. For cases in the County Court, within the jurisdiction 
Bherifif's of the Justicc's Court, the Sheriff's fees shall be the same as a 

fees. 

Constable's, and in other cases they shall be the same as in the 
Superior Court. For summoning juries for the semi-annual ses- 
sions, five dollars ; for the quarter sessions, three dollars. 

§ 329. Bailiffs may be appointed by the County Judge, not to 



PT. 1.— -TIT. 5.— CITAP. 4.— Judicial Department. 75 

Article 5. — The BlierilF and tlio Bailiffs of County Court. 

exceed four in number, one of whom shall be called Special uaiuffd. 
Bailiff. 

§ 330. The Special Bailiff shall give bond, as now provided by Hond,rjnty, 

^ . -^ ... t^n'l liability 

law, for the faithful discharge of his duties, in the same manner vfjjpe^^iai 

as the Sheriff of the County. He shall have all the f)ower in the 

execution of the duties of his office as the Sheriff, and be subject 

to the same pains and penalties. All orders and processes shall 

be directed to him as well as the Sheriff, and he shall have the 

same power to sell property under execution or orders issuing from 

said County Court as the Sheriff has. 

^ 331. The other Bailiffs shall each 2!;ive bond in a sum to be Bond of 

1 1 V 1 m other Bailiffs 

fixed by the County Judge, and they and the Special Bailiff shall 
be sworn to the faithful and impartial discharge of their duties ; 
and the appointment and removal of all Bailiffs shall be entered 
on the minutes. 

§ 332. It shall be the duty of the Special Bailiff, unless the Duty of 
Judsre shall assign the duty to the Sheriff or his deputy, to collect nff as coi- 
all executions for costs ; and in all cases where costs are not paid ficer. 
instanter, executions therefor shall be issued, and ten per cent, 
additional collected as commissions of the collecting officer. 

§ 333. One or more temporary Bailiffs for particular occasions Temporary 
may also be appointed, who need not give bond, but must be sworn 
and their appointment entered on the minutes. 

§ 334. A Bailiff's fee shall be the same as a Sheriff's, in like Bailiff's 

fees. 

cases. 

§ 335. In cases between master and servant, which shall go Gamish- 
against the servant, the judgment for costs, upon written notice S)sts in cer- 
to the master, shall operate as a garnishment against him, and he 
shall retain a sufficient amount for the payment thereof out of any 
wages due to said servant, or to become due, during the period of 
service, and may be cited at any time by the collecting officer to 
make answer thereto.* 

* For the law as to the County Court and its officers, see Acts of 1865-6, pp. 
64-71, and Acts of 1866, pp. 52-54. 



76 



PI. 1.— TIT. 5.— CHAP. 5. — Judicial Department. 



Article 1. — The Inferior Court and its Justices. 



CHAPTER V. 

THE IXFEinOR COURT : ITS JUSTICES AKD CLERKS. 



Article 1. — The Inferior Court and its Justices, 
Article 2. — The Clerk. 



ARTICLE L 

THE IXFERIOR COURT AND ITS JUSTICES. 



Skctiok. 

33t3. Election, oath, and official term. 

337. Vacancies — liow filled. 

338. Vacancies need not be filled — when. 

339. Persons elected to fill vacancies. 

340. Persons eligible. 

341. Number necessary to hold Court. 



Section. 

312. When Justices are equally divided. 

343. Their disability, privilege, etc. 

344. When a majority are interested. 

345. May punish contempts. 

346. In relation to County property, etc. 

347. Other powers and duties of Court. 



§ 836. The presiding officers of the Inferior Court consist of 
Nambor, five persons, styled the "Justices of the Inferior Court," who are 
ficiai term, elccted bj the people of their respective Counties at the times and 
jQsticcs. in the manner hereinafter prescribed, and who hold their offices 
for four years, unless sooner removed in the manner prescribed 
by the Constitution. Before entering upon the duties of their 
office, they must take the oath required of all civil officers, and 
in addition the oath taken by the Judges of the Superior Courts. 
§ 337. When a vacancy occurs, any two or more of said Jus- 
— h'***flii'^ tices, and one, if only one in the County qualifies, and if not one, 
then the Ordinary of the County shall order an election as pre- 
scribed in the case of a vacancy in the Clerkship of the Superior 
Court. 

§ 338. If there are as many as three of said Justices in corn- 
No (ipfcui mission and in the discharr^e of their duties, and the vacancy 

lection-' , , T . 1 , . 1 1 

takes place not exceeding eight months prior to the next regular 

election for such Justices, there must not be any special election. 

§ 339. The persons elected to fill the vacancy are commissioned 

Those for the unexpired terms of the out^oinc: Justices, and hold their 

elected to fill „ t ^ o O 

vacancies, oiuces accordingly. 

§ 340. No person is eligible to such Justiceship unless he has 
gibie. been a resident citizen in the County in which he is to preside for 



e 
wbeD 



PT. 1.— TIT. 5.— CIIAr. 5.— Judicial DEPARXMJtLXT. 77 

Article 1. — The Inferior Court and its JusticoH. 
at least one year next preceding his qualification. Persons elected can not 

-r • n 1 /~i •lii'Ti practice lav? 

Justices 01 suci-i Court can not practice law therein, directly nor 
indirectly. 

§ 341. Not less than three of such Justices can hold a Court, what rmm- 

. . her rnay hold 

and when three preside it requires the concurrence of two to make coun. 
a judgment. When more than three preside there must be a con- 
currence of three. 

§ 342. When four of said Justices preside and are equally di- wbon- 

. -I -I 1 • • • , . , . equally di- 

vided in their opinions, the question or case on Avhich it arises vidcd in 

^ . . . oi>irdon the 

must be postponed until the fifth Justice can preside, or until the case stands 
next term of the Court. 

§ 343. They are disqualified from holding any other County Disability, 
office, but are eligible as members of the General Assembly, to ^n^i exemp- 
military offices, and are exempt from jury, militia, and patrol 
duty. 

§ 344. Suits can not be entertained by such Justices where a Caees ?o 

n 1 • 1 • T 1 ^^ Superior 

majority of their number are interested, and in such, and in all Court-when 
cases where such majority are disqualified, suits must be brought 
in the Superior Court ; but if brought before said Justices they 
do not abate, and there may be an appeal to the Superior Court, 
as in other cases. 

§ 345. The Inferior Courts have authority— May pnn- 

To punish for contempt by fines not exceeding fifty dollars, or tempts!' °^' 
imprisonment not exceeding five days. 

§ 346. To exercise original and exclusive jurisdiction, when sit- Exciusivo 
ting for County purposes, over the following subject-matters — viz : 

1. In directing and controlling all the property of the County AstoCoun- 
as they may deem expedient according to law- ^ property. 

2. In levying a general tax for general, and a special tax for AstoConn- 
particular, County purposes, according to the provisions of this 

Code. 

3. In establishing, altering, or abolishing all roads, bridges, and Aatoroads, 

I* • ' o • 1 J ^ « bridges, and 

terries, m coniormity to law. ferries. 

4. In establishing and changing election precincts and militia -^s to 

-.. t-j<-j X chanijiug 

districts. election pre- 

r T 1 • 1 • cincts. 

5. In supplying by appointment all vacancies in County offices, Astora- 
and in orderiug elections to fill them. county om^ 

CCS 

6. In examining, settling, and allowing all claims against the as to claims 

Pmi-nfir against the 

UOUnty. County. 

7. In examining and auditing the accounts of all officers hav- as to ac- 



PT. 1. — TIT. 5. — CHAP. 5. — Judicial Department. 



Article 1. — The Inferior Court and its Justices. 

cr.nnt3 of met the caro, mana<]rcment, keeping, collection, or disbursement of 
County oQi- monev bcloniiini: to the County, or appropriated lor its use ana 
benefit, and in bringing them to a settlement. 

8. In making such rules and regulations for the support of the 
AstothepQQr of the County, for County police and patrol, for the promo- 
tion of health and quarantine, as are granted by law, or not in- 
consistent therewith. 
As toped- 9. In regulating peddling and fixing the costs of license 

therefor. 
Aaihority- § 34:7. The Justiccs of the Inferior Court have authority — 
To appoint 1- [To appoint some fit and proper person to open and adjourn 
l^InaM&d- their Court, in the absence of an officer to do so.] (a) 
.lourn our ^^ rp^ g^^ ^^ ^^^ ^j^^^ ,^g ^ Qqu^y-^ for Couuty purposcs, and for 

an'^tfineVor ^^^^ cxcrcise of any power they possess as Justices, as a quasi 
SsS!' ^^^' corporation, contradistinguished from their power as a Court. 

3. To appoint any person to discharge any trust authorized by 
May ap- their powers, where no other person is designated by law, and to 
n agtn s. j,gg^|.^^Q ]^jg compensation, and to take bond and security. 
Attest 4. To attest deeds and other written instruments for re2;ister. 

deeds. ^ ^ " 

5. To approve of all official bonds required of them by law and 
Approve Sent them by the Governor with the dedimus, to qualify such offi- 

oScialbonds liii* ,^ ,i« •• 

cers and to deliver them their commissions. 
Mar .act as 6. To act as membci's of the Board of Education of their re- 

Boi'-il of £d- . 

ucaUon. spcctivc Countics. 

Other ow- '^* ^^ cxercisc such other powers as are granted by law, or are 
*"• indispensable to their jurisdiction. 



ARTICLE II. 

THE CLERKS OF THE INFERIOR COURTS. 



Section. 

348. Election, qualification, etc. 
340. Vacancies— how filled. 
350. Oath, bond. etc. 



Section. 

351. May appoint a deputy. 

352. Duties enumerated. 

353. His compensation in certain cases. 



§ 348. The Clerks of the Inferior Courts are elected, qualified, 
Election commissioncd, hold their offices, and are removed as the Clerks of 

arifl ttrm of , , o • n i. 

office. the buperior Courts are. 

(a) Acts of 18G1, p. 56. 



PT. 1.— TIT. 5.— CHAP. 5.— Judicial Depahtment. 79 



Article 2. — The ClerkH of the Inferior Courts. 



§ 349. Vacancies are supplied as they arc in the offices of the vacancUfs 
Clerks of the Superior Courts, except that the Justices of the In- 
ferior Courts appoint in the particular cases where the Judges of 
the Superior Court appoint ; and Avhere the contingency happens 
mentioned in Section 250, the duties devolve upon the Clerks of 
the Superior Courts, if any, and if none, then as provided for in 
said Section. 

§ 350. The Clerks of the Inferior Courts take the same oaths oath, bond, 
and give the same bond as the Clerks of the Superior Courts, and 
are removable in the same manner. 

§ 351. They may appoint deputies and require bonds of them, Mayappoint 
and are otherwise under the same disabilities ; are subject to the 
same rules and regulations, and must perform the same duties as 
the Clerks of the Superior Courts do for their Courts, whenever 
applicable to the Inferior Court and there is no provision to the 
contrary. 

§ 352. In addition, it is their duty — Duties of 

. . . Clerk— 

1. To attend all sessions of said Court, and all sessions of said 
Justices on County business, and keep fair and regular minutes of court. 
their proceedings. 

2. Upon the request of any one of them, to notify the Justices ,. ^j^^".'': 

i- i 1/ 7 t/ tice of special 

of the Inferior Court of the time and cause of every special ses- sessions. 
sion. 

3. To keep all the dockets, books, indexes, and files required Keepdock- 

/ ^ ' ' ' ^ ets and other 

by law for the use of said Court. toots. 

4. To keep a well-bound book in which must be entered a copy To keep 

Piling cf- t°^^^ ^f °^"* 

of the bonds of County officers. ficiai bond?. 

5. To keep other books, in which must be kept the records of Book of 
all Constables' bonds, and in the other the oaths and bonds of all andreti'iiers' 

, . . n . • 1 bonds and 

persons who obtam permission to sell spirituous liquors. oaths. 

6. To keep a book for entering marks, brands, and estrays, and to keep 
a book for the registry of the names, descriptions, and oaths of marks°"and 
licensed peddlers. 

7. To enter on the minutes the items of all accounts allowed to enter 
by the Justices of the Inferior Court, as well as the order for aiiowed.°° * 
their payment. 

8. To keep a book in which shall be entered all sums received to keep ac- 
hy them on account of the County and paid to the Treasurer, and ney^receivS 

n 1 , • ^ o 1 • f» and paid out 

tor what special lund, it any. 

9. To transmit to the Clerk of the Superior Courts all certio- 



80 



PT. 1.— TIT. 5.— CHAP. 0. — Judicial Department. 



Article 1. — The Ordiuarics and their Courts. 



To trans- 
mit apiK\'ils. 



OUior du- 
Ues. 



Componsa- 
Uon for cor- 
taJn vcrviccs 



ran\ and other papers of -which the Superior Court obtains juris- 
diction. 

10. To perform such other duties as are or may be required of 
them by hiw, or as are indispensable to those required. 

§ 353. For the services they are required to perform for the 
Justices of the Inferior Court on account of their Counties, for 
■vvliich no fees are specially provided, they shall receive an annual 
salary, to be fixed by such Justices at the close of each year, to 
be regulated by the services performed and the means of the 
County, -which shall be not less than fifty nor more than two hun- 
dred dollars. 



CHAPTER VI. 

ORDINARIES. 



Article 1.- 
Article 2.- 
Article 3.- 



'The Ordinaries and their Courts. 

■The Ordinaries as Clerics, 

■The Ordinaries as School Commissioners^ etc. 



ARTICLE I. 



the ordinaries and their courts. 



Section'. 

354. Name and style of the Ordinary. 

355. His election and term of office. 
3.5G. Hid oath of office. 

3o7. His bond. 

358. Vacancies — how filled. 

359. Ordinaries elected to fill vacancies. 
300. Must complete unfinished business. 

361. When Ordinary is disqualified. 

362. E]i;,'ibility and disability. 

363. His trust as executor, adm'r, etc. 



Section. 

364. "Who takes administration. 

365. "Where Ordinary's office must be kept. 

366. Jurisdiction and powers of his Court. 

367. May punish for contempt, etc. 

368. May grant administration — when. 

369. Administration in certain cases. 

370. Must report estates unrepresented. 

371. Failing to account as executors, etc. 

372. Can not practice law in his own Court 

373. May administer oaths. 



§ 3.34. The Court established pursuant to the amended Consti- 
jtpJJ'^^J *J? tution, approved the second time December 5th, 1851, has the 

hlroJurt." '' ^^™® ^^^^ ^^y^^ ^^ *^^ Court of Ordinary, and the incumbent 
thereof has the name and style of the Ordinary. 

§ 855. The Ordinaries are elected by the people of their respect- 
and term o" ^^^ Couutics, at the time and in the manner hereinafter prescribed, 
office. ^yho hold their offices for four years, unless sooner removed in the 
manner prescribed by law. 



PT. 1.— TIT. 5.— CHAP. G.— Judicial Department. 81 



Article 1. — The Ordinaries and their Courts. 



§ oBG. Before entering on the duties of their offices, they must oati, 
take and file the oaths required of all civil officers, and in addi- 
tion the following oath : 

"I do swear that I will well and faithfully discharge the duties 

of Ordinary for the County of , during my continuance 

in office, according to law, to the best of my knowledge and ability, 
■^hout favor or affection to any party, and that I will only receive 
my legal fees. So help me God." 

§ 357. They must also give bond and surety, in the sum of one Bonri 
thousand dollars, for the faithful discharge of their duties as 
Clerks of the Ordinary. 

§ 358. When a vacancy occurs in the Ordinary there shall be vacancy— 

'^ ^ ^ ^ Low filled 

an election to supply the same, ordered by the Justices of the In- 
ferior Court, in the same manner as for Clerk of the Superior 
Court, and until the same is filled, the Clerk of the Superior Court 
shall perform all the duties which the Ordinary could perform as 
Clerk, and no more. 

§ 359. The person elected to supply the vacancy must be com- orcH^nTry^ 
missioned for the unexpired term, unless it does not exceed three yi^ca^ty.^^^ 
months from the time the election can be ordered and held ; if so, 
tjipre must not be any special election. 

§ 360. All citations and other unfinished proceedings of the citations, 
former Ordinary must be disposed of by the successor as though disposed of 

. by successor 

there had been no vacancy. 

§ 361. When the Ordinary is disqualified, the proceedings shall Proceed- 
be carried as though by consent of parties, by appeal, to the Su- orciinary is 

rn 1 • 1 . 1 1 n • disqualified. 

perior Court ; and in the meantime temporary letters shall issue, 
or other legal means used, if necessary, to preserve the estate. 

§ 362. The eligibility and disabilities of the Ordinary, aside Eligibility 

^ . "^ ' and disabili- 

from the Constitution, are the same as the Clerks of the Superior tyofOrdina- 
Courts for their offices, with the addition that they can not, during 
their terms of office, be executors, administrators, or guardians, 
or other agent of a fiduciary nature required to account to their 
Courts ; but they may be administrators, guardians, or executors, 
in cases where the jurisdiction belongs to another County, or 
where, in special cases, they may be allowed by law and required 
to account to the Ordinary of another County. 

§ 363. When any persons holding such trusts are elected Ordi- ^is trust 

•^ •■■ o as executor, 

naries, their letters and powers (immediately) abate on their qual- on'Ms^^iec- 
ification. ^°^- 

6 



S2 FT. 1.— TIT. 5.— CHAP. 6.—Judicial Department. 

Article 1. — The Ordinaries and their Courts. 



§ StU. When the Ordinary is also the Clerk of the Superior 
Who t.ake-* Court, uud thcrc is no public administrator, or other person upon 
tion when whoiu tho law casts the administration of unrepresented estates, 

the Onliiia- 

rr is ciork guch admiuistratious are cast upon the Clerks of Inferior Courts, 

of Superior ...,., 

^^'^ unless they too are Ordinaries; in which last event the Sheriffs of 
the several Counties must become such administrators. 

§ 3(35. The Ordinaries must keep their offices at the place and 
Where his in the manner prescribed for Clerks of the Superior Courts, and 
bekept™"* must hold their Courts at the place prescribed for the Superior 
Courts, or in their offices. 

§ 366. Courts of Ordinary have authority to exercise original, 
. jurisdic- exclusive, and general jurisdiction of the following subjects-matter : 

tion and 

power of 1. Probate of wills. 

Coarts of 

Ordinary. 2. The granting of letters testamentary, of administration, and 
the repeal or revocation of the same. 

3. Of all controversies in relation to the right of executorship 
or administration. 

4. The sale and disposition of the real property belonging to, 
and the distribution of, deceased persons' estates. 

5. The appointment and removal of guardians for minors and 
persons of unsound mind. 

6. All controversies as to the right of guardianship. 

7. The auditing and passing returns of all executors, adminis- 
trators, and guardians. 

8. The discharge of former, and the requiring of new surety, 
from administrators and guardians. 

9. The issuing commissions of lunacy in conformity to law. 

10. Of all such other matters and things as appertain or relate 
to estates of deceased persons, and to idiots, lunatics, and insane 
persons. 

11. Of all such matters as may be conferred on them by the 
Constitution and laws. 

12. [And concurrent jurisdiction with the County Judge in the 
binding out of orphans and apprentices, and all controversies be- 
tween master and apprentice.] (a) 

May pnn- ^ ^^^^ ' ^^^^ Courts may issue rules and attachments for con- 
t^mpt^ ^and ^cmpts offcrcd the Court, or its process, by any executor, admin- 
dilnSVflti istrator, guardian, or other person, and may punish the same by 

orders, 

(a) Acts of 1865-6, p. 6. 



PT. l.—TIT. 5.--CIIAP. 6.— Judicial Department. 83 



Article 1. — Tlic Ordinaries and their CourtB. 



a fine as high as fifty dollars, or imprisonment not exceeding five 

days (one or both). 

§ 368. The Ordinary can grant administration upon no person's lu what 

estate who was not a resident of the County where the applica- rijiry mav 

tion is made at the time of his death, or, being a non-resident of xxiiuistrauon 

the State, has property in said County, or a bona fide cause of 

action against some person therein. 

§ 369. When such non-resident deceased persons have such iq what 
1 « . . 1 r^ County ad- 

property or such cause or action m more than one County, ministration 

such letters may be granted in either County, and the Ordinary granierL 

first granting them acquires exclusive jurisdiction. 

§ 370. Such Ordinaries shall at each term of the Superior iiust re- 
Courts of their respective Counties report to the presiding unrepresent- 
Judge the estates in their hands unrepresented, together with 
their condition. 

§ 371. If any Ordinary fails faithfully to account as executor, railing to 

"•'»'«' ' account as 

administrator, or guardian, after becoming such Ordinary, which ^^S^^^;/^ 
trusts he held at the time of his election, he is ineligible to a re- reSlSiom^ 
election. 



§ 372. No Ordinary shall engage, directly or indirectly, in the ca° not 
practice of law in his own or in the name of another, as a part- j^ i^f^ o^vn 
ner, open or silent, or otherwise, in any cause or proceeding in 
his own Court, or in another Court of which his own Court has, 
or has had, or may have, jurisdiction. 

§ 373. [The several Ordinaries of this State are authorized to Mayadmin- 
administer oaths in all cases where the authority is not specially 
delegated to some other officer, and receive the same fees therefor 
as are allowed Justices of the Peace.] (a) 



ARTICLE II. 

THE ORDINARIES AS CLERKS. 



Section. 

374. Ordinaries may appoint clerks. 

375. Powers of such clerks. 



Section. 

376. The Ordinary may require bond, etc. 

377. Special duties of the clerk. 



§ 374. The Ordinaries are, by virtue of their offices, Clerks of ^,.^^^0... 
their own Courts, but they may, at their own expense, appoint fJeir^" o^ 
one or more clerks, for whose conduct they are responsible, who ^^"-'■*'*' 
hold their offices at the pleasure of such Ordinary. 

(a) Acts of 1865-6, p. 41. 



84 FT. 1.— TIT. 5.— CHAP. 6.— Judicial Department, 

> ____ ___ ■■ 

Article 3.— The Ordinaries as Clerks. 

^-^ ■ — ■ 

$ oTT). Such appointed clerks may do all acts the Ordinaries 
ciork. could do, not judicial in their nature. 

§ oTG. When clerks are thus appointed, before entering on the 
May irive duties of their offices, they may give to the Ordinary a bond and 
security in the sum of one thousand dollars. 

§ 377. It is the duty of such clerks, or the Ordinaries acting 

Thednties aS SUCll 

of x\\A C lork 

'fSSfnar'^' 1. To issuo all citatious required bylaw. 

'2. To grant temporary letters of administration. 

3. To orrant marriasfe licenses. 

4. To issue all fi. fas. for costs on all judgments of the Ordi- 
nary or other process necessary to enforce them. 

5. To issue subpoenas for witnesses, and all similar process for 
ripening a trial. 

6. To issue any paper or process by order of the Ordinary, 
and bearing test in his name as other Clerks. 

7. To keep fair and regular minutes of each session of the 
Court, entered in a well-bound book, and such other services 
during term time as the Ordinaries may require. 

8. To keep in their offices other suitable books for the following 
Books to purposes — viz : 

be kejit Im -t ^ 

S^?fe°i A book for the record of wills. 

the Orafoary 

Another for the record of all letters of administration and 
guardianship. 

Another for the record of all bonds given by administrators 
and guardians. 

Another for the record of all appraisements, inventories, and 
schedules. 

Another for the record of all accounts of sales. 

Another for the record of all accounts current authorized to 
be made to the Ordinary, together with the vouchers accompany- 
ing the same. 

Another for the record of all marriage licenses, and the returns 
thereon. 

Another as a docket in which to enter all applications and 
other proceedings, in the order they are made, and which shall be 
called in like order at each session. 

Another for the record of all official bonds required to be 
recorded in the Ordinary's office. 

9. To procure and preserve, for public inspection, a complete 



i 



PT. 1.— TIT. 5.— CHAP. 6.— Judicial Department. 



Article 8. — Tlic Ordinaries as School Commissioners. 



file of all newspapers in which their advertisements appear, as the 
Clerks of the Superior Court are required. 

10. To keep their books and papers arranged, filed, and labeled 
and indexed as said Clerks are required. 

11. To give transcripts likewise as they are required, and when 
the Ordinary and the Clerk are the same person, so to state in the 
certificates. 

12. To perform any other duty required of them by law, or 
which is indispensable to those required. 



ARTICLE III. 



85 



THE ORDINARIES AS SCHOOL COMMISSIONERS. 



Section. 

378. Ordinaries are School Commissioners 

379. Shall give additional bond. 



Section. 

380. Special duties of the Ordinary. 



§ 378. The Ordinaries are, by virtue of their offices, School Ordinaries 

/-i • ' «/ . are School 

Commissioners, members of the Board of Education, and treas- commis- 

' ^ . _ ' Eioners, etc. 

urers thereof for their respective Counties. 

§ 379. Before entering on the duties of their offices, in addition oaihand 
to the oath and bond already prescribed, they shall take an oath 
"faithfully to discharge all the duties imposed upon them as such, 
and to faithfully apply and account for all money coming to their 
hands in said capacity," and shall also give bond and surety, 
payable to and approved by, the Justices of the Inferior Court, 
in double the sum of the whole School Fund arising from all 
sources, conditioned for the faithful discharge of their duties and 
application of, and accounting for, said fund for the purposes and 
in the manner prescribed by law, as treasurer of said Board of 
Education, which oath and bond shall be entered, filed, and 
recorded as his other oaths and bonds are. 

§ 380. It is their duty in said capacities — 

1. To enter yearly, as soon as received, in a book to be kept ^^^^^ Jj; 
for that purpose, the names of all children entitled to the benefit ^tc*^^^'^^^' 
of the School Fund. 

2. To attend the sessions of the Board of Education, and once Must at- 
in each year to report to them the condition of the funds in their injs o??he 
hands, the amounts due teachers, the probable revenues and ucation. 
necessities for the current year. 



S6 



FT. 1. — TIT. 5. — CIIAP. 6, — Judicial DepartmenTo 



Article 3. — The Ordiuaries as School Commissioners. 



3. To lay said reports before the first Grand Juries of their 
^ nis n?port respective Counties at the first session thereafter, and to each 

Jury. " ' successive Grand Jury until action is had thereon, together "with 
the action of said Board of Education, and specially to inform 
said iury of the number of children entitled to the benefit of the 
School Fund, and the amount of funds on hand after paying 
teachers for the previous years, aside from what may be raised 
from County taxation. 

4. To keep full and fair accounts of all his receipts and dis- 
Mnstkeep burscmeuts in a vrell-bound book kept for that purpose, showing 

cf receipts the different amounts received, when received and from what 
bursements.' sourcc, to whom and when paid and for what purpose ; which shall 

be laid before the Grand Jury for their inspection whenever they 

require it. 

5. To pay teachers of such children and any other charge on 
Must pay such fund, in the manner prescribed by law and said Board of 

eae ers.etc. j]^^^j.^^|qj^^ taking and filing proper vouchers for the same. 

6. To keep, by themselves or their clerks (if any), the minutes 
Must keep of Said Board of Education in a book to be kept for that purpose, 

tho minutes . x x / 

of the Board "which shall bc deposited in their ofiices for public inspection. 

7. To issue, in such capacity, any order or process such Board 
Orders of may require. 

the Board. •' l 



CHAPTER VII. 

SHERIFFS AND THEIR DEPUTIES. 



Secttox. 

381. Sheriffs— how elected. 

382. A surety for Tax Collector. 

383. Vacancies in the office of Sheriff. 

384. His oath of office. 

385. Must give bond. 

386. Bond to be examined. 

387. His bond— where recorded. 

388. Judse of the Court may examine. 

389. When a Sheriff is succeeded. 
3W. Sheriff's ofRce— where to be kept. 
391. May appoint deputies. 



Section. 

392. The Sheriff Is Jailor. 

393. Jailors must take an oath. 

394. Bond and oath must be recorded. 

395. Jailors bound to receive prisoners. 

396. Sheriff liable for acts of deputy. 

397. Sheriff's duty in executing orders. 

398. His book of entries when filled. 

399. Can not purchase at his own sale. 

400. AVhen allowed fees. 

401. Defaulting Sheriffs. 



§ 381. The Sheriffs are elected, qualified, commissioned, hold 
shcrififs— their oflBces for the same term, and are subject to the same disa- 
anrquaiifled bilitics as the Clerks of the Superior Courts. 

§ 382. A security for any Tax Collector or other holder of 



and icrm of 
office, 



PT. 1. — TIT. 5. — Judicial Department. 87 



Chapter 7. — Sheriffs and their Deputies. 



public money is ineligible to the office of Sheriff, until all moneys DiB,,tuiifl- 
for which he is bound shall have been paid to the proper authority. '^^^'^"'^ 

§ 383. Vacancies are filled and the after proceedings are as in vacancies 
case of vacancies in Clerks of the Superior Courts, except that~''''^ 
in case there is a failure to appoint, as set forth in Section 248, 
the Coroner of the County shall act as Sheriif, and if there is no 
Coroner the Ordinary shall make a temporary appointment, and 
on failure of both, the Sheriif of any adjoining County is author- 
ized to act as Sheriff until the Justices of the Inferior Court 
shall make their appointment or there is an election. 

§384. Before entering on the duties of their office they shall His oath of 
take and subscribe, besides the oath of all the civil officers, the 
following oath, before the Judge of the Superior Court or Justices 
of the Inferior Court — viz: "I do swear that I will faithfully exe- 
cute all writs, warrants, precepts, and process directed to me as 
Sheriff of this County, or which are directed to all Sheriffs of this 
State, or to any other Sheriff specially, I can lawfully execute, 
and true returns make, and in all things well and truly and 
without malice or partiality, perform the duties of the office of 

Sheriff of County, during my continuance therein, and take 

only my lawful fees. So help me God." 

§ 385. They shall also give a bond, with at least two sureties. Must give 
in the sum of [ten] (a) thousand dollars (unless changed to a less 
or greater amount by local acts now in force or hereafter to be 
enacted), conditioned for the faithful performance of their duties 
as Sheriffs, by themselves, their deputies, and their jailors, and 
upon the terms required by law. 

§ 386. Such bonds shall be approved by three Justices of the his bond- 
Inferior Court of the County, and then deposited in the office of to be exam- 
the Clerk of the Superior Court until the first session of that proved. 
Court thereafter, when the presiding Judge shall examine said 
bonds, and if taken in conformity to the law, and the sureties are 
sufficient, so declare by order, and have them spread upon the 
minutes of the Court; and if it has not been so taken they shall 
give another bond, which said Judge is authorized to take and 
have entered on said minutes. 

§ 387. When said bonds are thus approved by the Justices of snch bond 
the Inferior Court, and before deposited in said office, they shall Id^anT*".!^- 
be recorded in the office of the Clerk of the Inferior Court, and ^""''^"^ 

(a) Acts of 1866, p. 17. 



88 VT. 1. — TIT. 5.— Judicial Department. 

Chapter 7. — Sheriffs and their Deputies. 

after being passed upon by tlie Judge of the Superior Court, sliall 
be returned to the oilice of said Clerk of the Inferior Court and 
bv him fded: and if the Judge of the Superior Court compels 
said Sheriff to give a new bond, after having been approved and 
entered on the minutes, it shall be filed in the office of the Clerk 
of the Inferior Court and be recorded therein without further 
approval. 

§ 888. If a term of the Superior Court is held in the County 
jadpeofSu- before the Justices of the Inferior Court shall have approved the 

l>orii.r Court ^ ,, . ^ t m 

ra:i>- ox:uu- Sheriff's bond, the Jud2:e of the Superior Court may do so in the 

in e said ^ ' ^ ° ^ ^ ^ *^ 

bomi in the fii^gt instance, beinff careful to take the opinion of such Justices, 

first instance 7 n r ? 

rasJs*'^^'^^" or a part of them, or the Ordinary, as to the solvency and 
sufficiency of the sureties, and, having so approved, the other pro- 
ceedin2:s are as hereinafter set forth. 

§ 389. When a Sheriff's deputy is the succeeding Sheriff, the 

shoTi^irit sui'eties must be essentially different from those on such Sheriff's 

succeeded by ].f.j.f\ 
his deputy. L)0I1CI- 

§ 390. Sheriffs must keep their offices at the same place and on 
fioe.^" ^*^ the same terms as Clerks of the Superior Court are required. 

§ 391. They are authorized, in their discretion, to appoint one 

poin?a^dep- ^^ Hioro doputics, from whom they must take a bond, with sureties. 

^'^' § 392. They are, by virtue of their offices. Jailors of the Coun- 

mav np- ties, and have the appointment of Jailors, subject to the super- 

pc n ai ors y^gj^j^ ^f |.]^g Inferior Court, as prescribed in this Code. 

§ 393. Before entering on the duties of their office, such Jailors 

Jailors must givc to the Sheriff bond and surety for the sum of one 

oath and thousand dollars, conditioned for the faithful performance of their 

give bond. . , ^ 

duties as Jailors, and shall take and subscribe before some one of 
the Justices of the Inferior Court of the County the following 
oath — viz : "I do swear that I will well and truly do and perform, 

all and singular, the duties of Jailor for the County of , and 

his^atS °^ t^^t I will humanely treat prisoners who may be brought to the 
jail of which I am keeper, and not suffer them to escape by any 
negligence or inattention of mine. So help me God." 

§ 394. Such bond and oath must be filed and recorded as those 

Bond and 

oath record- of a Sheriff's deputy. 

ed and fil< d. i »/ 

§ 395. It shall be the duty of the keepers of the several jails 

Shall keep withiu this State to receive into their respective jails, and safely 

mitu-dum"er kccp therein, all prisoners committed under the authority of the 

u. bta'ti.'' United States, under the like penalties and subject to the same 



PT. 1.— TIT. 5.— Judicial Department. 89 



Chapter 7. — ShcrifFs and tlicir Deputies. 



action as in the case of prisoners committed under tlic authority 
of this State. 

§ 396. Sheriffs are liable for the misconduct of the Jailor as sheriffu 

. . 1 1 T -1 Hfi^l'i for the 

they are liable for their deputies, and persons injured by the Jailor jniBcoD^i-jct 
have the same option in suing the Jailor's bond that they have in andjaiiors. 
» suing the deputy's bond. 

§ 397. It is the duty of the Sheriff— 
■ 1. To execute and return the process and orders of the Courts nisdatvin 

■•■ executing 

of Record of this State, and of officers of competent authority, if ami entering 

' i ^ ' process, or- 

not void, with due diligence, when delivered to them for that pur- ^ers, etc. 
pose, according to the provisions of this Code. 

2. To attend upon all sessions, by themselves or deputies, of . i° attemi- 

^ ' ^ ^ ' incc upon the 

the Superior and Inferior Courts of the County, [and of the <^'<^iirt3. 
County Court, when required by the Judge thereof,] (a) and of 
the Court of Ordinary, whenever required by the Ordinary, and 
never to leave said Courts while in session, without the presence 
of one or both of said officers if required, and to attend in like in attend- 
manner at the place of holding an election at the County site, on^°°^^^^°°^ 
the day of an election, from the opening to the closing of the 
polls, and to take under their charge all under officers present as 
a police to preserve order. 

3. To publish sales, citations, and other proceedings, as required ugl^^^J^p^i' 
by law, and to keep a file of all newspapers in which their official Nations, etc. 
advertisements appear, in the manner required of Clerks of the 
Superior Courts. 

4. To keep an Execution Docket, wherein they must enter a full Keop an 
description of all executions delivered to them, the dates of their Docket. 
delivery, together with all their acts and doings thereon, and have 

the same ready for use in any Court of their County. 

5. To keep a book, in which shall be entered a record of all a record 
sales made by process of Court, or by agreement of parties, 

under the sanction of Court, describing accurately the property 
and process under which sold, the date of the levy and sale, the 
purchaser, and price. 

6. To receive from the preceding; Sheriff all unexecuted writs staii re- 

••• *-' ceive and 

and process, and to proceed to execute the same ; to carry into ^^"^J'^^S 1^^^ 
effect any levy or arrest made by a predecessor ; to put pur- ji"^*^^/^^' 
chasers into possession, and to make titles to purchasers at his 
sales, when not done by him. 

(a) Acts of 1865-6, p. 66. 



90 PT. 1. — TIT. 5. — Judicial Department. 



Chapter 7.— Sheriffs and thcii- Deputies. 



7. To take from preceding Sheriffs custody of the jail and the 
cvivi'^^nt hodies of such persons as are confined therein, with the precept, 
isr^riit- writ, or cause of detention. 

ces*or. v}^ rp^ fumish prisoncrs with medical aid, fire, and blankets, to 

nis^JriiiJn- ^<-^ reimbursed, if necessary, from the County treasury, and to 
i^fl™*bia*! suffer a penalty for neglect as prescribed in this Code. 
*?«*. * c. ^-^ ^^ ^_^j^^ ^jj prisoners arrested, or in execution under any 

Takopris- Criminal or civil process, to the jail of an adjoining County, or to 
of Tij<'!?niS: the jail of some other County when more accessible, if the jail 
ceruin cases of the County is in an unsafe condition, under such rules as are 
prescribed in this Code. 

10. To perform such other duties as are or may be imposed by 
law, or which necessarily appertain to their offices. 

§ 398. All books the Sheriffs are required to keep, after becom- 
ms books inor full, must be deposited in the office of the Clerks of the 

when fllied => ' ^ 

"""•'edf '^^ Superior Courts, to be kept as their other books of record. 

§ 399. No Sheriff or deputy, or other officer discharging a 

Can not similar duty, will be permitted to purchase any property whatever 

his own sale, at his owu Sale, upon his own bid, nor upon the bid of any other 

person for him, directly or indirectly ; and all such sales and deeds 

in pursuance thereof, intended to vest in such officer the title to 

property so purchased, shall be null and void. 

§ 400. Sheriffs are only entitled to such fees or compensation as 

■^Hicn ai- the law prescribes, or, upon an omission of the law, to such reason- 

anT amount able Compensation as the Court shall award; and where they use 

^^' property themselves, or hire it out after being levied upon, they 

are not allowed a per diem allowance for diet, and are liable to 

the proper party for the hire received. 

§ 401. If any Sheriff or deputy fails to comply with the pro- 
Dtfftuitin? visions of Section 397, he shall be fined for a contempt, as the 

Bherifffl fin- «i , p 1 01 n 

ed for con- Clcrk of the Superior Court is m similar cases. Section 261 also 

tempt. 

applies to Sheriffs. 



CHAPTER VIII. 

STATE'S ATTORNEYS AKD ATTORNEYS AT LAW. 



Article 1. — Attorney/ Creneral. 
Article 2. — Solicitors G-eneraL 
Article 3. — Attorneys at Law. 



PT. 1.— TIT. 5.— CHAP. 8.— Judicial Department. 



91 



Article 1. — Attorney General. 



ARTICLE I. 

ATTORNEY GENERAL. 



Section. 

402. The Attorney General. 

403. Must give bond and surety. 

404. His duties enumerated. 



Section. 

405. May render service out of Circuit. 

406. May render service anywhere. 



§ 402. The Solicitor General of the Circuit which embraces Attorney 
the seat of Government is, by virtue of his office, the Attorney 
General of the State. 

§ 403. Before entering on the duties of his office he must give Mast give 
bond and surety, satisfactory to the Governor, in the sum of ten curity^.^ 
thousand dollars, and upon his requisition must give additional 
bond whenever the public interest demands. 

§ 404. It is the duty of the Attorney General — 

1. To give his opinion in writing, or otherwise, on any question Must give 
of law connected with the interests of the State, or with the opinion. 
duties of any of the Departments, when required by the Gov- 
ernor or either of the State House officers. 

Prepare 

2. To prepare all contracts and writings in relation to any^o^tracts 
matter in which the State is interested when requested. terested ^^ 

3. To attend, on the part of the State, to all criminal causes Attend on 
in any of the Circuits, when the Solicitor General thereof is the su?e ?o 
prosecuted, and to all other criminal or civil causes to which the criminal ca- 
State is a party, when ordered by the Governor. 

4. To perform such other duties as are or may be required of Hisgener- 

^ . . "^ ■'• al duty. 

him, or which necessarily appertain to his office. 

§405. When the services of such Attorney General shall be Maybere- 
needed in either of the Judicial Circuits the presidinar Judge tend out of 

^ ° ° his Ckcuit 

thereof shall notify the Governor twenty days before of the time, 
place, and cause, and the Governor may (in his discretion) order 
the Attorney General to comply, unless the law in the case pre- 
sented makes it his imperative duty to do so. 

§406. It is in the discretion of the Comptroller General to Theeervi- 
require the Attorney General, when the services of a Solicitor ney General 
General are necessary, in collecting or securing any claim of the quired out 

. "^^ o to ^ of his Cir- 

State, in any part of the State, either to command the services of q,iiit by 

^ "^ ■*■ ' Comptroller 

said Attorney General in any or all of such cases, or of the G^^ierai. 
Solicitors General in their respective Circuits. 






PT. 1,-r-TIT. 5. — CHAP. 8. — Judicial Department. 



Article 2.— Solicitoi-s General. 



ARTICLE II. 



SOLICITORS GENERAL. 



eECTIOK. 

407. Sv->lioitor Cioueral. 

40S. llii! oath. 

40\). Vacauoy— how filled. 

410. Uis Qualifications. 

411. On the same footing as the Judge. 

412. llis special duties enumerated. 

413. May be ruled as attorneys. 

414. Failing to attend Court. 



Section. 

415. May not. pros, indictments. 

416. Penalty for exacting illegal costs. 

417. Who must certify such proceedings. 

418. Tampering -with Grand Jury. 

419. May be appointed by the Court. 

420. An attorney so appointed. 

421. Charges against Solicitor General. 



§ 407. Eacli Superior Court Judicial Circuit must have a 
ni3 cieo- Solicitor General, elected by the people thereof respectively, who 
t^rm of of- holds liis officc four years, unless sooner removed in the manner 
prescribed by the Constitution. 

§ 408. Before entering on the duties of their offices, beside the 
His oath, oaths required of all civil officers, they must, in addition, take the 
following — viz : 

"I do swear that I will faithfully and impartially, and without 
fear, favor, or affection, discharge my duties as Solicitor General, 
and will take only my lawful fees of office. So help me God." 

And must also give such bond and surety as is required of the 
Solicitor who, by virtue of his office, is Attorney General. 

§ 409. Vacancies occur and are filled as prescribed in cases of 

vacancT— thc Judgcs of the Superior Courts, and the manner of proceeding 

is in every respect the same, except that the person elected to fill 

the vacancy holds his office only for the unexpired term, and must 

be so commissioned. 

§ 410. No person is eligible to the office of Solicitor General 
Ills rinaii- who has not been a resident citizen of this State five years just 
preceding his election or appointment, [and who does not perma- 
nently reside in the Circuit at the time of his election or appoint- 
ment,] (a) and who has not attained the age of twenty-one years, 
• and vfho has not been duly admitted and licensed to practice law 
in the Superior Courts of this State for at least three years. 
On the §^11- ^ person having been appointed or elected a Solicitor 
^""jwCe"^ for any Circuit is on the same footing of a Judge of the Superior 
blfl circuit? Court, as set forth in Section 230 (as to retaining his office). 
• § 412- Their duties within their respective Circuits are — 



(a) Acts of 18G5-0, p. 22. 



PT. 1.— TIT. 5.— CHAP. 8.— Judicial Depaictment. 98 



Article 2.— Solicitors General. 



1. To attend each session of the Superior Courts, regular or jj^^t ab- 
adjourned, unless excused by the Judge thereof, and remain until pfcHorCourtii 
the business of the State is disposed of. 

2. To attend on the Grand Juries, advise them in rolotion to W'jst at- 

' ten a Orand 

matters of law, and swear and examine witnesses before them. -J^ry- 

3. To administer the oaths the laws require to the Grand and ^j^^t ^^^ 
Petit Jurors, to the Bailiffs, or other officers of Court, and other- Sth". ^^""^ 
wise to aid the presiding Judge in organizing^ the Comta as he 

may require. 

4. To draw up all indictments or presentments, when requested inrSftoenu 
by the Grand Jury, and to prosecute all indictable offenses. melitg?^^^' 

5. To prosecute or defend any civil action in the prosecution or ^^21^1^6- 
defense of which the State is interested, unless otherwise spe- the'\'<taTe^i3 
cially provided for. '"'^^^^^'^^ 

6. To attend before the Supreme Court when any criminal ^ Must at- 

^ "^ tendSu- 

cause is tried emanating from their respective Circuits, argue the p^eme Court 
same, and perform any other duty therein the interest of the State 
may require. 

7. To collect all moneys arising from fines and forfeited recog- Must coi- 
nizances, all costs on criminal cases when paid into Court before and forfeft- 
iudgment, and not otherwise ; and at the Fall Term of ea(jh Court, tie with "the 

1 11/-. m 1 'county 

every year, to settle with the County Treasurer, and pajr over to Treasurer. 
him all moneys due him according to law, after a fair and full 
settlement. 

8. To settle at the same -time with the preceding Solicitor, and Must set- 
pay over to him any moneys collected to which he may be enti- preceding 

11 1 1 1 • 1 -111. . Solicitor. 

tied, and to render to mm, whenever required by mm, a just 
Statement of the condition of his interests. 

9. To collect all moneys due the State in the hands of any Must coi- 
escheators, and pay over to the Educational Fund ; and, if neces- ey due the 
sary, compel them to pay by rule or order of Court, or other hands of es- 
legal means. 

10. To collect all claims of the State they may be ordered to Must coi- 
do by the Comptroller General, and to remit the same within due the state 
thirty days after collection ; and on the first day in October every ed by the 

1 . 11.. n 1 1 . . 1 . 1 V Comptroller 

year to report to him the condition of the claims m their hands General. 
in favor of the State, particularly specifying the amounts col- 
lected and paid, from what sources received and for what pur- 
poses ; to whom paid, what claims are unpaid, and why ; what 
judgments have been obtained, when, and in what Court; what 



94 PT. l.—TIT. 5. — CHAP. 8.— Judicial Department. 



Article 2.— Solicitors General. 



suits are instituted, in what Courts, and their present progress 
and future prospects. 

11. To perform such other duties as are or may be required by 
«»i duuS?' law, or which necessarily appertain to their office. 

§ 413. If a Solicitor General fails to comply with the provisions 
Mayberui-of the preceding Section, he is liable to rule as attorneys at 
nejs*auaw. law are, with all the penalties and remedies; and on failure to 
comply with the terms of a rule absolute, within twenty days 
from the time it becomes final, it shall be a ground of im- 
peachment. 

§ 414. If he fails to attend on the Courts of his Circuit as 
attend Court required, he is liable to be fined for each failure fifty dollars, to 
-liable to be 1^^ retained out of his salary. 

§ 415. He has authority, on the terms prescribed by law, to 

May nolle cutcr a iiolU prosequi on indictments ; and if, in any cases, a So- 

£en*ts,°t(x licitor General accepts, directly or indirectly, in money or other 

valuable thing, or exacts more than his lawful costs from the de- 

exac"?n-^ n- ^^^^^^^ or any body elsc, it is a subject-matter of investigation 
legaf colts. ^^ ^^^ Qia,nd Jury. 

§ 416. If the Grand Jury presents the Solicitor for having so 
How pro- received more than his lawful costs, he shall be disqualified from 
ga^inst^ fo'^r further discharging his official duties until a trial shall be had 
legal costs, upon an indictment, and if the trial results in a conviction, he 
shall be fined and imprisoned at the discretion of the Court, and 
couTiction. it is also a ground of impeachment. The disqualification con- 
tinues until the adjournment of the next session of the General 
Assembly. 
Clerk shall ^ ^^"^^ ^^ sholl bc the duty of the Clerk of said Court to certify 
Governo^r^^ immediately such proceedings to the Governor. 

§ 418. If they take, or agree to take, from any person, money 
Penalty for or any othcr valuable thing, the consideration whereof is a prom- 

takinj.'. or a-. i • ^ • j^ , n t i 

greeing to ISO or Undertaking to procure, or to try to procure, a finding by 
or othp'rthe Grand Jury of "a bill" or "no bill" upon an indictment, 

thlnzofval- •^ ^ ' 

ne u, inCu- Qv to make or not to make a presentment, or to prolong or pro- 
Gnn<\ Jury crastluatc a State case or an arrest, or to advise it done, or how 

in their dc- ^ ' -" 

liberations, it may be done, the penalty and proceedings are the same as in 
the two preceding Sections. 

§ 419. When a Solicitor is absent, or indisposed, or disqualified 

The soiic- from interest or relationship to engage in a prosecution, the pre- 

being dis- siding Judgc must appoint a competent attorney of the Circuit to 



PT. 1.— TIT. 5.— CHAP. 8.— Judicial Department. 



95 



Article 2. — Solicitors General. 



act in his place, or he may command the services of the Solicitor 
of any other Circuit accessible, or he may make a requisition on 
the Governor for the Attorney General, as the emergency in his 
discretion may require. 

§ 420. An attorney acting as such Solicitor is subject to all the 
laws governing Solicitors General ; he is entitled to the same fees 
for what he does, and incurs the same penalties in the discharge 
of his duties. 

§ 421. When any person makes affidavit before the Court or 
Grand Jury, that in his judgment the Solicitor General is guilty 
of an indictable offense, and that he desires to prosecute him, or 
the Grand Jury may present him for such an offense, it is the 
duty of the Court instanter to appoint some competent attorney 
at law to draw a bill of indictment, and when there is a true 
bill found, or presentment made, to put the Solicitor under 
recognizance or in prison, according to the offense, until the ap- 
pearance of the proper prosecuting officer. 



auallflcd, the 
Court rnay 
supply h i » 
place. 



An attor- 
ney, acting 
as Solicitor, 
is entitled to 
the ft a m e 
fees, etc. 



Proceed- 
ings when 
Solicitor is 
prosecuted. 



ARTICLE III. 

ATTORNEYS AT LAW. 



Section. 

422. Attorneys at law. 

423. Rights of persons admitted. 

424. Qualifications of applicant. 

425. Aliens. 

426. Application for admission. 

427. Evidence of preparation. 

428. Must be examined. 

429. The manner of examination. 

430. Examination not satisfactory. 

431. Order of admission. 

432. Form of the oath to be taken. 

433. Graduates of Lumpkin Law School. 

434. Attorneys of other States. 

435. Order of the Court necessary. 

436. Prohibited in certain cases. 

437. Attorneys removing to this State. 

438. How admitted in Supreme Court. 

439. Failing to render the service. 

440. Transferring fee note. 

441. The rule for settling fees. 

442. Attorneys may be ruled. 

443. May bind their clients — when. 

444. Can receive nothing but money. 

445. Parties acting by advice of attorneys. 



Section. 

446. Appearing without authority, 

447. Penalty therefor. 

448. Required to produce authority. 

449. When two are employed. 

450. Leading counsel defined. 

451. If more than one, preference given, 

452. Special duties of attorneys. 

453. Causes for striking an attorney, etc. 

454. May be reinstated, and how. 

455. Proceedings against attorneys. 

456. Accusation must be in writing. 

457. Proceedings must be under oath. 

458. Requiring the accuser to appear. 

459. Appearance. 

460. Answer. 

461. If objections be overruled. 

462. Plea of guilty, or refusal to answer, 

463. The judgment and effect thereof. 

464. Proceedings instituted by the Court. 

465. The attendance of witnesses. 

466. Costs — how taxed and collected. 

467. Death of the informant. 

468. Jury may find proceedings malicious. 

469. Failing to pay tax— how dealt with. 



§422. The following persons, if not specially declared ineligi- persons en^ 
ble, are entitled to practice law in the Courts of this State: pj^ticeiaw 



96 PT. 1. — TIT. 5. — CIIAP. 8. — Judicial Department. 



Article 3. — Attorneys at Law 



1. Those \\-lio have been regularly licensed under the laws of 
the State before the adoption of this Code. 

'2. Those who are hereafter licensed in the manner prescribed 

by law. 

§ 428. Those who are admitted to practice in the Superior 
Risrhts of Courts may practice in any other Court of this State, except the 

persons aJ- n i • t i -it 

miiuHiintho Sunreme Court, for which another and special license must be 
Court obtained. 

§ 424. Any white male citizen of good moral character, who 
Qu&ufica- has read law and undergoes a satisfactory examination before a 
piicant. ' Judge of the Superior Court, as hereinafter prescribed, is entitled 
to plead and practice law in this State. 

§ 425. Aliens who have been two years resident in the State, 
Aliens ^^^ hvLYQ declared their intention to become citizens, pursuant 
to the act of Congress, are eligible to admission as attorneys at 
law. 

§ 426. For the purpose of admission, one must apply, by peti- 
Appiicft- tion in writino- to a Superior Court during one of its sessions, 

tion fur ad- o? r o 7 

mission- in ^ Circuit of which he is resident, or has read law therein, and 

how made. ' ' 

must show 

1. His citizenship. 

2. That he is of good moral character. 

3. That he has read law. 

4. That he has been a resident of, or has read law in the Cir- 
cuit, as aforesaid. 

§ 427. The evidence of such facts must be by certificate of two 
Certificate attorneys of the Court, or of' other evidence satisfactory to the 

of prepara- ^^ . 
tion. Court. 

§ 428. The applicant must also be examined in open Court, 
Anthoritica touching his knowlcdgc — 

be examined 1. Of the principles of the Common and Statute Law of Eng- 
land of force in this State. 

2. Of the Law of Pleading and Evidence. 

3. The Principles of Equity, and Equity Pleading and Prac- 
tice. 

4. The revised Code of this State, the Constitution of the 
United States and of this State, and the rules of practice in the 
Superior Courts. 

§ 429. No portion of such examination must take place out of 
e^iMUoS! open Court ; and to enable the Judges to have proper examina- 



PT. 1.— TIT. 5.— CHAP. 8.~JuDiciAL Depahtmext. 07 

Article 3. — Attorneys at Law. 



tions, they are required, if there is not ample time daring a term, 
to appoint a time, at least twice a year, at some County site in 
their respective Circuits, which has a bar of attorneys sufficient 
in numbers and qualifications to conduct the examinations, and, 
if necessary, to request and require the attendance of such attor- 
neys from other pLaces within the Circuit, of which appointment 
public notice shall be given thirty d«ys prior to said time in some 
public gazette. Application for admission may be made to the 
Judge of each Circuit (as otherwise required) at any time. 

^ 430. Such Judges are required to be strict, and to reject any Such ap- 
applicant who does not undergo a full and satisfactory examma- rejected. 
tion. 

§ 431. If, on examination, the applicant is found duly qualified How ad- 
in all the branches required, the Court must direct an order to practice, 
be entered on the minutes, that, being examined and found to 
possess the requisite learning and ability, and having otherwise 
complied wdth all the conditions of the law, that, upon taking the 
oath prescribed, that the Clerk issue to him, on the payment of ^^^^^^^^^^ 
the fees and costs, a license to plead and practice law in the Su- 
perior Courts of this State. 

§ 432. The oath is as follows : 

" I, , sw^ear that I will justly and uprightly demean my- rorm of 

self, according to the laws, as an attorney, counselor, and solic- 
itor, and that I will support and defend the Constitution of the 
United States and the Constitution of the State of Georgia. So 
help me God." 

Which oath must be taken in open Court, and entered on the 
minutes thereof. 

§ 433. None of the preceding requisitions are applicable to any Graduates 
graduate of the Lumpkin Law School, but upon presentation of Law school 
a diploma, and payment of fees, the Court shall cause his name mitted. 
to be enrolled among the attorneys. 

§ 434. Attorneys at law residing in other States of the Union, Attorneys 

1 • T ■ T • r^- • /-i 1-1 fi'*^"^ other 

navinp; license to practice law m a Circuit Court therein, where, states- how 

111 n ^ ' a - i admitted in 

by law, the attorneys of this State are permitted to practice law, this state. 
may practice in the Superior Courts of this State — 

1. By presenting a petition in writing for such purpose's to the 
Judge of the Superior Court of any Circuit, either in term time 
or vacation. 

2. By producing before him a certificate from a Judge of the 

7 



98 PT. 1.— TIT. 5.— CIIAr. 8.— Judicial Depaktment. 



Article 3. — Attorneys at Law. 



Must pro- Circuit or District Court of the State of which they are citizens, 
tiiic4U\ under the seal of said Court, stating that the applicant is of good 
moral character, and has been legally admitted to practice law 
in such Circuit, and that, by the laws of such State, the attor- 
neys of this State are allowed to practice law therein. 

§435. On reading such petition and certificate, such Judge 

Ortior of shall grant an order that the applicant be admitted to practice 

a mission. j_^^^ ^^ ^^^.^ State, and shall order the Clerk of the Superior 

Court of the County to enter it on his minutes and file the pro- 
ceedings, on the payment of his legal fees ; which, when done, is 
a sufficient license, 
frou^^such § '^^^' S^c^^ attorneys at law of any State adjoining this are 
no?'"anVw ^^^ ^^^^ permitted to practice law herein, unless those of this 
jorIfo\nZ- State are not likewise permitted to practice law in their Courts, 
courts/^*"'^"^ §437. Those attorneys at law of other States, who become 
Lawyers residents of this State and do not come under the provisions of 

from other t n ^ -i • i r^ • t* 

States may the precedn:ig Sections, by producing to the Court satisfactory ev- 
to this, etc. idence that they were attorneys at law, in good standing, in a 
Court of similar jurisdiction in the State from which they came, 
may be immediately admitted to plead and practice law in this 
State, without undergoing the examinations as other resident ap- 
plicants. 
ho^^SSt^ §438. Any attorney authorized to practice law in the Superior- 
tlcVhi^Thc Courts of this State is permitted to practice law in the Supreme 
^VV'Court- 

1. By exhibiting to the Court proof of good private and pro- 
Proof of fessional character, and otherwise complving with the terms of 

character. .. i " 

its rules. 

2. By taking the oath prescribed. 

§439. Attorneys are prohibited from collecting any note or 
^Attorneys, other coutract in writing given as a fee in any cause, which cause 
I 

lD(? to /en 
dcr the ser- 
vice. 



I'l^l]; ^^JJ: they have failed to attend to in person or by some competent at- 
torney, from the time of employment until the rendition of judg- 
ment, and the same shall be null and void unless they were, by 
contract, released from such duty. 

§ 440. The transfer of such notes or obligations subjects them 
Transfer- to forfcit and pay to the person from whom the same was taken 

rin? fee note t i ■• t 

or obiiiration doublc thc amount thereof, recoverable in any Court havins!; iuris- 

anflfailinjL'to ^. . "^ ^^ 

s^J^k'e ^^^ tliction of the same, unless such person is saved harmless against 
all fees, costs, and other necessary expenses on account thereof. 



PT. 1.— TIT. 5.— CHAP. 8.— Judicial Department. 99 



Article 3. — Attorneys at Law. 



^441. Unless otherwise stipulated, one-half of the fee in any The rule 
cause is a retainer, and due at any time, unless the attorney, with- lets- 
out sufficient cause, abandons the case before rendering service to 
that value ; but in cases where he has rendered such service, and 
can not render the balance of service — from the act of his client, 
providential cause, election to office, or removal out of the State — 
he is entitled to retain the amount, or a due proportion, if col- 
lected, or sue for it and collect it, if not ; where no special con- 
tract is made, the attorney may recover for the services actually 
rendered. 

^ 442. Where attorneys retain in their hands the money of their May be 
clients, after it has been demanded, they are liable to rule (and money coi- 
otherwise) as Sheriffs are, and incur the same penalties and con- 
sequences. 

§ 443. They have authority to bind their clients in any action Attorneys 
or proceeding, by any agreement in relation to the cause, made Seir clients 
in writing, and in signing judgments, entering appeals, and by 
an entry of such matters, when permissable, on the dockets of the 
Cour.t, but they can not take affidavits required of their clients 
unless specially permitted by law. 

§444. Without special authority, attorneys can not receive any can notre- 

•^ _ ''/ *' ''ceive any 

thina; in discharg;e of a client's claim but the full amount in cash, tiling out 

^ ^ money, etc. 

§445. Clients shall not be relieved from their liability to dam- Partiesnot 
ages and penalties imposed by law on the ground that they acted the^^|round 
under the advice of their counsel, but are entitled to redress from acted under 

.1 /» i'nr»i t ' the advice of 

tnem tor unskilliul advice. counsel. 

§446. If it be alleged by a party for whom an attorney appears a party 
that he does so vvithout authority the Court may, at any stas^e of ate an attor- 

•^ ./ 7 ./ o jiey attempt- 

the proceedings, relieve the party for whom the attorney assumed jug to appear 
to appear from the consequences of his acts, if fully satisfied such 
allegation is true. 

§447. Any attorney appearing for a person without being em- Attorneys 
ployed, unless by leave of the Court, is guilty of a contempt of withou^t"u? 
Court, and must be fined in a sum not less than five hundred dol- ''''^'^' 
lars. 

§ 448. The presiding Judge, or Justice, mav, on motion of either May te 

11' 11 1 '^1 n ' required to 

party, and, on showing reasonable grounds therefor, require any produce au- 
attorney who assumes the right to appear in the cause to produce, 
or prove the authority under which he appears, and to disclose, 
whenever pertinent to any issue, the name of the person who em- 



100 FT. 1.— TIT. 5.— CHAP. 8.— Judicial Department. 



Article 3. — Attorneys at Law. 



ploYod liim. and to grant any order that justice may require on 
such investigation ; but, j^nm<^ /ac^e, a-ttorneys shall be held au- 
thorized to properly represent any cause they may appear in. 
§ 449. "When two or more attorneys, being employed on the 
wiji-n two same side, dispute about the direction to be given to their cause^ 

or uu«re at- . 

tornoys are and thc clicnt IS uot proscnt, the Judo-e shall hear all the lacts and 

employed on . 

the same nrivc preference to the leading counsel. 

siiie. & r ^ o^ 

§ 450. The leading counsel is he who, at the time of the trial. 
Leading or raisinfj; of any issue connected with the cause, is. in the rndg-- 

counsel de- o J ? / J & 

fi^eJ- ment of the Court, the counsel upon whom the client relies more 

than any other, 
tha^n "im'J! § '^'^l- If there is more than one upon whom the client thus re- 
SivonTo*^the li<^5, the Court shall, as between them, give him preference who 

one first cm- n j. i ^ 

ployed. was hrst employed. 

§ 452.. It is the duty of attorneys at law — 
Special dn- 3. To maintain the respect due to Courts of Justice and judi- 

ties enumer- . . „ 

ated. CI a I omcers. 

'2. To employ, for the purpose of maintaining the causes con- 
fided to them, such means only as are consistent with truth, and 
never to seek to mislead the Judges or juries by any artifice or 
false statement of the law. 

3. To maintain inviolate the confidence and, at every peril to 
themselves, to preserve the secrets of their clients. 

4. To abstain from all offensive personalities, and to advance no 
fact prejudicial to the honor or reputation of a party or a witness, 
unless required by the justice of the cause with which they are 
charged. 

5. To encourage neither the commencement nor continuance of 
an action or proceeding from any motives of passion or interest. 

6. Never to reject, for a consideration personal to themselves, 
the cause of the defenseless or oppressed, 

5 453. An attorney must be removed for the following causes 
causc^^^^'or ^^J the Supcrior Court of the County of his residence : 

which an at. ^ -, v • i. • • i r> "^ • • i 

torney must 1. Lpou uis oeiug convictcd 01 auv crimc, or misdemeanor m- 

be removed • i t • i 

I'orcrimes. volviug moral turpitudc. in either case the record of his convic- 
tion is conclusive evidence. 

2. When any judgment, or rule absolute has been rendered 

Failing to against him for money collected by him, as an attorney, which he 

moJeyVhen ^''^'^^^ ^0 pay withlu ten days after the time appointed in the order ; 

^®^" in which case the record of the judgment is conclusive evidence, 



PT. l.—TIT. 5.— CHAP. 8.— Judicial Depautmext. 101 

Article 3. — Attorneys at Law. 



unless obtained without any service under some law authorizing 
such a proceeding. 

3. Upon it being shown to the satisfaction of the Court that he Unpn.fcH- 
has been guilty of any deceit or willful misconduct in his profes- 'luct. 
sion. 

4. For want of a sound mind, or for indecent behavior in or Jn<h:<-,en- 
out of the Court House, whereby he becomes a nuisance to the mind, etc. 
Court, his brother members of the Bar, or the public. 

§ 454. When an attorney at law is thus removed, after the lapse May here- 
of twelve months (unless removed under the first ground of the how. 
preceding Section), it is in order for him to be restored upon the 
application of two-thirds of the members of the Bar of the County 
where he was removed, and of those Avho usually practice in the 
Superior Court of said County, if approved by the Judge of the 
Circuit. 

^455. The proceedinsrs to remove an attorney may be taken by Snmmary 

'^ r o ^ J ./ ^ proce-idinss 

the Court of its own motion, or upon the motion of an attorney at against at- 

' ■'■ *' torneys. 

law or other citizen. 

§ 456. The accusation must be in writing^, signed by the movant, The accu- 

^ ^ . sation must 

or his attorney at law, and when the proceeding is taken by the be in writ- 
Court, it may be drawn up by the Solicitor or the Clerk, under 
the direction of the Court. 

§457. If the proceedings are upon the information of another, Proceed- 
the accusation must be verified by the oath or the person makmai; under oath 

•^ i & —when. 

it, or some other person, and presented to the Court. 

§ 458. The Court must then, if of opinion that the accusation order re- 
would, if true, be grounds of removal, make an order requiring accusiTi to 
the accused to appear and answer the same at a specified day dur- ' 
ing the same, or at the next term, and must cause a copy of the 
order and accusation to be served on the accused within a pre- 
scribed time before a day appointed in the order. 

§ 459. The accused must appear at the time appointed in the Appear- 
order, and answer the accusation, unless, for sufiieient cause, the accused. 
Court assign another day for that purpose ; if he does not appear, ramnsc to 
the Court may proceed and determine the accusation in his ab- ^p^^'^' 
sence. 

§460. The accused may answer, either by objecting to the suf- Answer of 
ficiency of the accusation, or by denying its truth — either of which 
must be entered on the minutes. 

§461. If the objection to the sufficiency of the accusation be objections 
Rot sustained, the accused must answer it forthwith .^^iggL'-u-i^jj .^^ ciiser. 




102 FT. 1.— TIT. 5.— CHAP. 8.— Judicial Department. 

Article 3. — Attorneys at Law. 

§ 402. If ho pleads guilty, or refuses to answer the accusation, 
pio.<» of tlie Court must proceed to judgment of removal ; if he denies the- 

guilty, or re- ^ . . 

ftising to an- accusation, the Court must immediately, or at such time as it may 
appoint, proceed to try the same — the accused having a right to 
demand a trial b}^ jury. 

§ 4(38. A judgment of acquittal is final, but from a judgment 
Effect of of removal there may be a motion for a new trial, and a review by 

the judg- , o. /-* • 1 

ment. the buprcmc Court, as m other cases. 

§ 464. The proceedings, when instituted by the Court of its own 
Procood- motion, are conducted in the name of the State — -the Solicitor ap- 

incs, when . . . i i i • r> • r> 

instituted, pearino: to sustain the accusation — and when on the miormation of 

etc. ^ ° 

another, in the name of the State on the information of such per- 
son. 

§ 465. Either party has a right to suhjjoonas and other process 

Eitherpar- to coiiipel the attendance of vfitnesses, and testimony may be taken^ 

ty mar com- ,,..., i • i . , 

pel the at- bv deposition m such cases and m the same manner as in actions 

u^r.Janie of "^ -^ 

witnesses, at law, and the Court may, in its discretion, require the inform- 

. ant to give security for costs ; and failing so to do within the tim^ 

formant fail- prescribed, the proceedings must be dismissed at the cost of the 

iniT to <rive i ^ jr o 

securityretc. informant. 

§ 466. When the proceedings are in the name of the State, the 
Costs— costs are paid as in criminal cases ; when in the name of the State 

hov\- taxed 

and collect- on the information of another, if the accusation is not sustained, 

ed. . • ' . . . ' 

judgment is rendered against the informant and his security for 
the costs, if the same has been given ; but if the accusation is 
sustained against the accused, judgment for costs must be rendered 
against him. 

§ 467. Upon the death of the informant, if there be but one, 
TTpon the the proceeding's abate, unless some other person is substituted in 

death of the \ ^ ^ ' ^ i ^ -pi 

Informant, his placc, which may be done on application to the Court ; if there 
is more than one informant the proceedings continue on the infor- 
mation of the survivor. 

§ 468. It is in the province of the jury who try such proceed- 

The jnrv in^rs if they find in favor of the accused, also to find they v^ere 

case may malicious, if they SO believe; and upon such finding the rights of 

find the pro- ' ./ 7 r to to 

oeedingsma- the accussd against the informant are the same as in cases of ma- 
licious. ^ ^ ° 

licious prosecution on the criminal side of the Court. 

§ 469. [And whenever it shall be made to appear to any Judge 
Artomcys ^^ ^^^ Supcrior Courts that any attorney at law practicing in said 
feUin-topay Q^yj.^. }jg^g failed, or fails, to pay his professional tax levied ac- 
cording to the laws of this State, and execution has been issued 



PT. 1.— TIT. 5.— CITAP. 8.— Judicial Departmext. 



108 



Article 3. — Attorneys at Law. 



Proceed- 
ings against. 



for the same by the Tax Collector and returned by the proper of- 
ficer, no property to be found, it shall be the duty of the Judge 
presiding in the Superior Court of the County in which the said 
attorney resides to cause the Clerk of said Court to issue a rule 
requiring said attorney to show cause, by the next term of said 
Court, why he should not be struck from the list of attorneys and 
his license to practice declared of no effect, for his failure to pay 
his said professional tax — which rule shall be served by the Sheriff 
upon said attorney twenty days before the next term of said Court ; 
and if, at said term of said Court, said attorney fails to show suf- 
ficient cause, said Judge shall pass an order striking said attorney 
from the list of attorneys, and declare his license to practice in the from the roii 
Courts of Law and Equity in this State null and of no effect.] (a) 



Shall bo 
8 t*r i c k n 



CHAPTER IX. 

JUSTICES OF THE PEACE, JUSTICES' COURTS, AND CONSTABLES. 



Article 1. — -Justices of the Peace and their Courts, 
Article 2. — Constables. 



ARTICLE L 



JUSTICES OF THE PEACE AND THEIR COURTS. 



Section. 

470. Two Justices in each district. 

471. How removed from office. 

472. Vacancies — how filled. 

473. Election — how and by whom held. 

474. Inferior Court may order an election. 

475. Qualifications of a Justice. 

476. Inferior Court may appoint — when. 

477. The oath of a Justice. 

478. Oath — before whom to betaken. 

479. Criminal jurisdiction of the Justice. 

480. Civil jurisdiction of the Justice. 

481. Debts may be divided. 

482. Territorial and criminal jurisdiction. 

483. Justice may be sued in his own dist. 



Section. 

484. If the Justice be disqualified. 

485. When there is no Justice. 

486. Suits may be transferred. 

487. When transferred. 

488. Transferred suits. 

489. Co-obligors, joint contractors, etc. 

490. Residents in districts not organized. 

491. Special powers and duties of Justices. 

492. Justices' Courts. 

493. Changed once in four years. 

494. Justices newly elected. 

495. Times and places now established. 

496. Judgments rendered. 



§470. There shall be two Justices of the Peace in each militia twoJus- 
district of the several Counties of this State, elected by the peo-pTacl^ia 



(a) Acts of 1861, p. 16. 



104 FT. 1. — TIT. 5. — CHAP. 9. — Judicial Department. 



Article 1. — Justices of the Peace and their Courts. 



each district, pie of cacli district, in the manner hereinafter prescribed, who 
hohl their offices for four years, unless sooner removed. 

§471. They are removed from office in the manner prescribed 
How re- by the Constitution, and also on conviction for malpractice in of- 
fice, or of any felonious or mtamous crime. 



§ 472. Vacancies are filled in the following manner : If there is 

Tacancios a Justicc of thc Pcaco in the district where the vacancy occurs, 

~ '*'' he shall appoint some Saturday in a month, which is a time fixed 

for holding the Justice's Court of the district, and advertise the 

same at three of the most public places therein at least fifteen 

days before the day appointed. ■ 

§ 473. On said day said Justice, with two freeholders, must hold 
Election Said clcction in the same manner that a regular election for Jus- 
tice of the Peace is held, and duly certify the same to the Gov- 
comiiiKion- cmor, who must commission the person elected for the unexpired 

ed by the 
Governor. term. 

§474. If there is no Justice of the Peace in the district where 
If tcTns- the vacancy occurs the Justices of the Inferior Court of the County 

tice of the *' i i i • z-ii i 

Peace in the must Order an election m the same manner, throuo'h their Clerk, 

district, etc. , . . 

which may be held by three freeholders of the district, who must 
hold and certify said election in the same manner. 

§ 475. All persons are eligible to the office of Justice of the 
Qnaiifica- Peaco who are entitled, in the County in which the district is 

tions of a . "^ 

Justice of situated, to vote for members of the General Assembly, who 

the Peace. ' ... 

have been three months in the district next preceding the elec- 
tion, and who do not labor under any disqualification. [Being a 
clerk shall be no disqualification.] (a) 

§ 476. When any district is without a Justice of the Peace, and 

On failure an elcctioii has been legally ordered to supply the vacancy, and 

jastice of nonc is bona fide held at the time and place appointed, it is the 

the Inferior "^ . , i ri 5 

a^S^Dt'"^^ duty of the Justices of the Inferior Court to appoint two persons, 
resident in the district, such Justices to have it certified to the 
Governor, who must commission the appointees for the required 
' term. 

§ 477. Justices of the Peace, before entering on the duties of 
^^j^^J^^'ll^^i\iQ\v o^GQ^hQ^ido^ the oath required for all civil officers, must 
of the Peace-. ^^^^ ^^^ following oath : 

" I do swear that I will administer justice without respect to 

(a) Acts of 18G2-3, p. 43. 



PT. 1.— TIT. 5.— CITAP. 9.— Judicial Department. 105 



Article 1. — Justices of tlie Peace and their Courts. 



persons, and do equal rights to the poor and to the rich, and that 
I will faithfully discharge aJl the duties incumbent on mc as a 

Justice of the Peace for the County of , agreeably to the 

Constitution and laws of this State, and according to the best of 
my ability and understanding. So help me God." 

§ 478. Such oaths shall be taken and subscribed before the such oath 

— before 

Justices of the Inferior Court of the County in session, but may whom taken, 
be taken before any one of such Justices, and so the dediraus 
potestatem for such purpose should state. 

§479. They have criminal iurisdiction in the following' in- Their crim- 

•^ ^ ° inaljurisdic- 

stances : tion. 

1. In acting as conservators of and preserving the public peace 
in their respective districts and Counties. 

2. In issuing warrants for the apprehension of any person 
charged on oath with a violation of any portion of the Penal 
Code, or who are so known to them officially. 

3. In examining such persons when brought before them, and 
to commit, bind over, or discharge, according to the directions 
of this Code* 

4. In such other cases as jurisdiction may be constitutionally 
given. 

§480. They have a general and original civil jurisdiction — - CMijuris- 

1. Of all suits or attachments on any liquidated demand, or 
an account not exceeding fifty dollars, exclusive of interest, or 
where the debt has been larger, and the balance due is not more 
than. said amount, or on the trial is reduced to said amount by 
bona fide payments, or other lawful set-oJ9f. 

2. Of contests for the mere possession of personal property. 

3. Of forcible entries and detainers, or either, with the aid of a 
jury of twelve men, as prescribed by this Code. 

4. Of all other causes when jurisdiction is constitutionally 
given them in their capacity as Courts or Justices. 

§481. Debts which in the aggregate amount to more than Debtsmay 
Justice's Court jurisdiction may be divided into liquidated de- etc. 
mands, so as to bring them each within such jurisdiction. 

§482. Their criminal jurisdiction extends over persons of, or Their crim- 
crimes committed in, their respective Counties, and their civil ju- t?oir'extenS 
risdiction over persons residents of their respective districts and county, etc. 
itinerant persons, and to persons of other districts, in certain par- 
ticular cases provided for in this Code. 



lOG PT. 1. TIT. 5. — CHAP. 9. — Judicial Department. 



Article 1.— Justices of the Peace and their Courts. 



re 
tain 



tm 



May be § 483. Odlc JusticG of the Peace may sue or be sued before the 

sued hi his "^ . i . t • - 

owniUstricL other in his own district. 

§ 484. "Wlien a Justice of the Peace is disqualified from presi- 

\nienth<? dint^, and there is no other Justice of the Peace in his district 

dEiu^ifiod, who is qualified, any Justice of the Peace of the County is quali- 

•«i- fied to issue all process and to preside in his district ; and if a 

Justice of the Peace is sued under such circumstances, the suit 

may be located in any adjoining district. 

§ 485. Where there is no Justice of the Peace in any district 
to^beiwiiUbt "^'here a defendant resides, or there is one and he refuses to serve 
il^ m) \ius^ generally, or in any particular case, the suit may be located in 

tice, orhoro- t • • J'^j. '^j. 

fuses tos^rve any adjoining district. 

§ 486. If suits are already commenced and are suspended for 
Suits may the waut of a Justice of the Peace to preside, such suits shall be 

bo tiansfor- ... . . 

a in ccr- removed to the adjoining districts, unless the evil is removed 

in cases. ^ t^ o .' 

within sixty days. 

§ 487. If, from any cause, all such suits can not be located or 
Maybe prosecuted in some adjoining district, they may be commenced 
tothecoun- QY rcmovcd to the Justice's district which embraces the County 

ty site. t/ 

site. 
TheJns- §488. The Justices of the Peace and Constables of any dis- 
Constaiiiet trict whcrc a suit is thus begun or removed have the same power 
°J2f '^^^ as those officers have in the proper districts. 

§ 489. Suits vs. makers and indorsers, and against co-obligors 
Co-obiig- or joint-makers, may be located in the district where the princi- 

ors, joint iti n ^ it •• i i i 

contractors, pal dcbtor or ouc 01 the co-obli2;ors or loint-makers can be sued, 

au<l makers ^ . .,. ,.^ ,..„ 

ami endorg- and thc Other parties, who may reside m a dmerent district from 

e r 5 — h o w ^ ^ ^ '^ 

Bued. such in the same County, may be joined in the suit on the same 

terms such persons residing in different Counties may be sued in 
the Superior Courts, but by the process used in Justice's Courts ; 
and in such cases the Constable of the district where the suit is 
located may serve such process in any part of the County. 

§ 400. Persons resident in any portion of a County whose resi- 
PerEonsre- dcncc, from any cause, is not embraced in any orsjanized Justice's 

eidin-inany v ^ • . i • i •.-■■,..■. 

portion of a Qistrict, arc suD cctcd to suit in the district whose court-ground is 

County, etc. i • • i i 

nearest their residence where there is an acting Justice of the 
Peace. 
Special §401. Justices of the Peace have authority, and it is their 

rK»wers and ^1,,+^ 

duties of the ^" V 

umeratedr' ^' To sclcct somc ccntral and convenient place in their respect- 



PT. 1.— TIT. 5.— CHAP. 9.— Judicial Department. 107 

Article 1. — Justices of the Peace and their Courts. 

ivc districts at Tvhich to hold their Courts, and some stated day in 
each month as the time, of which they shall give ample puLlic 
notice, and also to keep their offices within said districts ; hut in 
towns or cities which embrace more than one district, they may 
hold their Courts and keep their offices at some central and con- 
venient place within the limits of said towns or cities. 

2. To fine not more than five dollars, nor imprison more than 
five hours, any person guilty of a contempt of Court, and to pay 
the fine to the County Treasurer for County purposes. 

3. To issue attachments returnable to their own and, in certain 
cases, to the Superior and County Courts of the County. 

4. To issue all process necessary to maintain their jurisdic- 
tions and enforce their authority under the sanction of law. 

5. To administer oaths and take affidavits, except the power is 
expressly restricted to some other officer, and to take the ac- 
knowledgment or probate of any conveyances required to be 
recorded. 

6. To keep a docket of all causes brought before them, in 
which must be entered the names of the parties, the returns of 
the officer, and the entry of the judgment, specifying its amount 
and the day of its rendition. 

7. To carefully file away and label all papers appertaining to 
any cause, and all fi. fas. and other process returned, after being 
satisfied, entered ''nulla hona^'" or have otherwise discharged 
their functions. 

8. To attend the Superior and Inferior Courts of their Counties, 
whenever required, with such docket or papers of file. 

9. To establish, when lost, in the manner prescribed by law, 
any paper appertaining to any suit or other proceeding in their 
respective Courts. 

10. To answer interrogatories from Courts of other Counties, 
as to the contents or condition of any of the dockets, files, or 
papers of their office, and to attach thereto copies of such, when 
such interrogatories are propounded and such copies required. 

11. To perform such other duties as are or may be required 
by law, or which necessarily appertain to their office. 

§ 492. If any Justice's Court is held at an inaccessible or incon- justice's 
venient portion of any district, or such a place is hereafter piL^es ""Tf 
selected, the qualified voters of such district may petition such howch^g^ 
Justice to change the place to some other place, naming it, and 



108 



PT. 1. — TIT. 5. — CHAP. 9. — Judicial Department. 



Article 1. — Justices of the rcace and their Courts. 



if he refuses to change, they may apply to the Justices of the 
Inferior Court : and if such Justices are satisfied that the place 
where such Court is held Avorks an inconvenience to a majority of 
the citizens of such district, they shall change the place, to take 
eftoct after the expiration of thirty days, have it entered on their 
minutes, and published in the district. 

§ 493. When a place for holding such Court is once fixed it 
Tiic place can not be chani^jed except in the manner stated, and then but 

«ui«l time of . 

hoMin-jns- QQce durins: the four years' official term; nor can the time be 
^^ chanixed by the Justices but once. 

§494. When new Justices of the Peace are qualified, and 
Now Jus- they desire to change the place or time of holdino; such Courts, 

tices uiay •^ . . . 

chansro the tjiey may do so by giving public notice of the fact, stating the 
piaceofhou- p|.|ce and the time to which chang-ed, or either, and the first 

1 n g their a o ' ' 

Courts. Court to be thus held, which change shall not go into eiTect short 
of sixty days from the time of advertising. 

§ 495. The times and places now established for holding Justices' 
Time and Courts are not disturbed by the enactment of this Code, and the 

place- f hold- ^ ' 

ofurtr^'n''ot °^il^^i^ districts now established by law remain the same, but they 
th?adoption ^^y ^^ altered and new districts formed by Justices of the 



of this Code. Inferior Court of each County as hereinafter prescribed. 

§ 496. All judgments of such Justices rendered in any civil 
jndgmonts causc auywhcro else than at the place and time for holding their 

— when void, . 

Courts lawfully appointed, are void. 



ARTICLE II. 



CONSTABLES. 



Sf.ctfox. 

497. Two Constables in each district. 

498. IIow removed from office. 

499. Vacancy— how filled. 

500. Justices failing to agree. 

501. If there is but one Justice. 

502. .Ju.-ticc failing or refusing to appoint. 

503. Qualifications of Constable. 

504. Uinqualifications. 

505. His oath of office. 



Section. 

506. In cases of emergency. 

507. Must give bond and surety. 

508. Clerk must certify. 

509. Additional surety — when. 

510. May be ruled and attached. 

511. May be ruled in Superior Court. 

512. His special duties enumerated. 

513. Penalty for acting after retiring. 



Two Con- §497. There shall be two Constables in each militia district of 
eS'iistHct the several Counties of this State, elected by the people of each 
tbe'^'^peopie district as hereinafter prescribed, who hold their offices for two 
ytara. "^ '"* ycars unlcss sooner removed. 



PT. 1.— TIT. 5.— CHAP. 9.— Judicial Department. 109 

Article 2, — Constables. 

§498. They arc subject to be removed from office on the same jrowre- 
grounds and on the same proceedings as Clerks of the Superior IlJfl^'! 
Court are, and on conviction for malpractice in office as Justices 
of the Peace are. 

§499. Vacancies are filled bv appointment of the Justices of vacancies 

. . —haw filled, 

the Peace of the district in the following contingencies : 

1. When, from any cause, there is a failure to elect, qualify, Failure to 
and give bond at the regular time. 

2. When there is a death, resignation, or removal of Constable. . i>f;ath, rc-s- 

' o ' i;,'riatiOfi, or 

3. When from sickness, or other providential cause, the district ''"'^'■'^'ai- 

is without a Constable, there may be an appointment, if an sc-nr/'ivom 

., , , ^ ,11 providential 

emergency arises, to continue until the regular (Jonstable enters cause, 
on the discharge of his duties. 

4. When the Constables of the district are absent temporarily Tempora- 

■•■ ry absence 

from the district the like power may be exercised. from the dis- 

§ 500. If there are two Justices of the Peace, and they can not Justices 

IT T , failing to a- 

agree upon an appointment, the one who has served iono;er as gree on ap- 

° ^ . . . . ? . P"intmentof 

such continuously and immediately preceding, shall appoint; if Constables. 

there are two Constables to appoint, each Justice shall appoint 

one. 

§ 501. If there is only one Justice of the Peace, he may make .when there 

•^ -^ »' IS but one 

the appointment, but it shall be in the discretion of the Justices, Justice he 

J- A 7 7 may appoint 

whether one or two, to appoint the second Constable or not, if 
there is one in office, or one or two if there is none in office. 

§ 502. If the Justice of the Peace of any district fail or refuse in case 

. . Justice of 

to have as much as one Constable in their district, for as lono- as the Peace 

' , ° f«il to ap- 

thirty days from the time such a vacancy occurs, the Justices of p^i^t' ^tc. 
the Inferior Court of the County shall fill the appointment. 

§ 503. The eligibility for Constables is the same as that for Qnaiifica- 

T ' n T -rt 1 1 '1/^ tions of a 

Justices 01 the Peace, but any person maybe appointed Consta- const^iWe. 
ble to fi,ll vacancies or to answer some emergency, who are at the 
time residents of the district. 

§ 504. Constables can not be Sheriffs or Sheriffs' deputies, nor Disquaiifi- 
can they be either Clerks of the Superior or Inferior Courts, nor 
can such officers be Constables. 

§ 505. Each Constable, before entering!: on the duties of his oath of & 

... Constable. 

office, must take and subscribe, beside the oath for all civil officers, 
before the Clerk of the Inferior Court of his County, the follow- 
ing oath: ''I swear that I will duly and faithfully perform all the 
duties required of me as Constable of the County of , 



110 FT. 1.— TIT. 5.— CIIAr. 0. — Judicial Department. 



Article 2.— Constables. 



according to tlic best of mj ability and understanding. So help 

TOd. 

§ oOG. Constables appointed to answer some sudden emergency, 

ConstaWes as iu Scctiou 499, may take and subscribe said oath before the 

S^tnuJi^'en" Justiccs of the Pcacc appointing them, who shall file the same in 

quaiifiod. the office of the Clerk of the Inferior Court. 

§ 507. All Constables, except those thus appointed, must, before 

Constables entering on the discharge of their duties, give a bond payable to 

bond ^and the Justiccs of tlic Inferior Court of the County and their suc- 

^""^^ ^' cessors, with two good sureties resident in the County, in the 

sum of five hundred dollars, to be approved by such Justices, 

which shall be bv the Clerk of said Court filed in his office and 

when Hied, recorded in a book kept for that purpose, 

§ 508. When such oath is taken and filed and such bond given, 



Clerk In- guch Clerk shall issue to such Constable a certificate of such facts 

ferior Court 

niust certify ^nd make an entry thereof on his minutes, which certificate shall 

to filing alli- •/ ' 

£ld. '^^ answer as his commission. 

§ 509. Constables may be compelled to give additional bonds 

May be upou complaiut made on oath before any one of the Justices of 

pivc addi- the Inferior Court, if after the hearing such Justices so order it 

tional sui'ety 

done, and upon failure to do so shall be removed by such Justices. 

§ 510. They are liable to rule, attachment, and penalties in 

May be their rcspectivc districts, but in default of any Justice of the 

how.' in a Peace in such district, or if there are such who refuse to serve, 

CoorL they may be ruled before any Justice's Court of an adjoining 

district or the Superior Court. 

§ 511. It is optional with parties to rule Constables before the 
ruied^Ysu*^ Superior Court of their respective Counties, in term time, on the 
periorcourt. game tcrms that Justices of the Peace are ruled. 
§ 512. It is their duty — 

1. To attend regularly all terms of the Justice's Court in their 
respective districts. 

2. To attend all terms of the Superior or Inferior Courts of their 
Special du- respective Counties, when summoned by the Sherifi" for that purpose. 

ties enomer- *■ ^ \ '^ >■ '- 

aied. .3. To give receipts for notes or other liquidated demands 

placed in their hands for collection. 

4. To pay over money promptly as collected to the party enti- 
tled thereto, and in case of conflicting claims to any money, to 
report the same to the next Justice's Court of the district where 
they are amenable, for its order in the premises. 



PT. 1.— TIT. 5.— Judicial Department. Ill 



Cliaptcr 10. — Corporate Courts. 



5. To execute and return all warrants, summons, executions, 
and other process to them directed by lawful authority. 

6. To perform such other duties as are or may be required of 
them by law, or which necessarily appertain to their offices. 

§ 513. If any Constable exercises the duties of his office after Any per- 

*> ^ son &cMXi\^ 

removal from the district where he was elected or appointed, he is ''t^^^^^'^^f% 
subject to a fine of fifty dollars for every such act, to be recovered ^.'^f^j'^c/'^'to 
before any Justice of the County in which he resides by any one ^^°*^- 
suing for the same — one-half to the use of such person, the other 
half to the use of the County. 



CHAPTER X. 

CORPORATE COURTS. 

Section 514. Corporate and Police Courts— how affected by the Code. 

§ 514. The organization of the various Corporate and Police corporate 

'^ o r and Police 

Courts of this State, and the laws relative thereto, are undis- aS^ecF^by 
turbed by the adoption of this Code, unless additional, concur- *^^^ ^^^®- 
rent, or exclusive jurisdiction, or cumulative remedies, are con- 
ferred by it upon them, or other Courts, or other magistracy, 
and then they are altered only to that extent. 



TITLE VI. 

COUNTY ORGANIZATION 



Chapter 1. — Militia Districts. 

Chapter 2. — Incorjjoration of Counties, County Contracts, etc. 

Chapter 3. — County Revenue. 

Chapter 4. — County Officers not before specified. 

Chapter 5. — Roads, Bridges, Ferries, Turnpikes, etc. 

Chapter 6. — The County Poor. 




112 FT. 1.— TIT. I).— County Organization, 



Chapter 1. — i\[ilitia Districts. 



CHAPTER I. 

3IILITIA DiSTRICTS. 



Section-. 

515. Counties dividcil into militia districts 

510\ Pistriots to remain the $amo, 

517. 3Iu?t contain a captain's company. 

51S. How laid out or changed, 

519. Survey and compensation therefor. 



Section. 

520. Proceedings to be recorded. 

521. To be transmitted to the Governor. 

522. Elections to be ordered by Clerk. 

523. Officers not removed by making. 

524. Not to affect pending suits. 



§ 515. Each County of this State is divided into militia dis- 
div-ded"i"to ^^''^^^^ accoi'ding to their respective territory and population liable 
nniitia dis- ^q ]yQr^Y arms. 

tncts. 

Districts § 516. Such districts as at present organized are to remain the 
etc ' same until changed in the manner hereinafter prescribed. 

§ 517. Each district hereafter organized or changed must con- 
Must con- .j-ain within its limits at least as many persons, resident at the time 

tAm a cap- •^ i ' 

pan? ^"^^ ^^ *^® organization, liable to militia duty as are necessary to 
form a captain's company according to the militia laws, and in 
its formation must not leave any older district with a less 
number. 

§ 518. Whenever it may be necessary and expedient to lay out 
How laid a new militia district, or to chantce the lines of old ones, the 

o u t, o r _ '' a 7 

changed, Justiccs of the Inferior Court may, at any time, appoint three 
commissioners, citizens of the district or districts from which it is 
proposed to make the new district, or change the lines thereof, 
whose duty it shall be to lay out and define such lines, and report 
the same to the Clerk of such Inferior Court. 

§ 519. Such commissioners have authority to engage the ser- 

snrveyand vices of a Competent surveyor to assist them in their duties, who 

tion ihorefor ghall bc paid for his services, out of the County Treasury, the 

same compensation County Surveyors have for similar services 

rendered a citizen. 

§ 520. If the Inferior Court approves their report, they shall 
ings^r^rd- ^^^'^ ^^^ proceedings in the matter entered on their minutes, after 
^' which the district laid out, or line changed or defined, shall be 

known and regarded accordingly. 

§ 521. It is tlie duty of such Clerk, if a new district is laid 
int/'tirte' ^^^' *^ transmit instanter to the Governor such proceedings from 
te7V,"'the ^^^^^ minutes, duly certified, and to publish them for thirty days 

?n7"ilep-^^ ^^^^ ^^^^^^ ^^ ^^^^' ^^^^^^ House and in the public gazette where 
^ed thirty ^j^^.^ j^^ tj^^.jj. qj;^q[^i advertising. 



PT. 1. — TIT. 6. — County Organization. 



113 



Chapter 2.— Incorporation of Counties, County Contracts, J/ioporty, and C;iairns. 






S522. As soon as such is done, such Clerk must immediately cierkmast 

•-' . orac-r an e- 

order an election for the requisite number of Justices of the '"'-ti^'" f'^ 
Peace and Constables (for such district), after advertising the 
same for thirty days in three of the most public places of the 
new district. 

§523. If, in laying out a new district, or in changln;;' the lines Making or 

o J J !=> ' o o changing 

of old districts, the residences of Justices of the Peace or Con- ^\^_,^J,^^J/^e! 
stables elected are included in the now district, or cut off from "'/jj'^ ^^' 
the district for which they were elected, they have authority to 
discharge their duties for the district for which they were elected 
until their terms of office expire and their successors in such 
district are qualified, unless elected to the same office in the new 
district to which they are eligible. 

§ 524. Suits pending in any Justice's Court must not be Does not 

QrlTCCC suits 

changed because the residence of a defendant is included in the pending. 
new district or cut off into another district, but they must pro- 
ceed as though no such change had been made. 



CHAPTER II. 

INCORPORATIOjNT of COUNTIES, COUNTY CONTRACTS, PROP- 
ERTY, AND CLAIMS. 



Section. 

525. Each County is a body corporate. 
523. Suits against a County. 

527. Contracts with the Inferior Courts. 

528. G-rants, deeds, etc. 

529. Property of the County. 

539. County buildings — by whom erected. 

531. Preservation of buildings, etc. 

532. Occupancy of rooms in Court House. 

533. Court Houses, Jails, etc. 



Skction. 

531. Injuries to public buildings, etc. 

535. Dimensions and construction of Jails 

536. Tax — by whom levied. 

537. On failure to levy such tax. 

538. Public buildings, etc., to be inspected 

539. Duty of the Judge. 

540. Claims against the County. 

541. Must be presented in twelve months. 

542. Judgments against the County. 



§ 525. Every County which has been or may be established in EachConn- 
this State, is a body corporate, with power to sue or be sued in eorporate^' ''^ 
any Court. [And all inhabitants of Counties in this State, who are 
competent jurors in other cases, are declared and shall be holden 
to be competent jurors in any case, in any Court, w^here such 
Counties are parties to the suit or interested therein in their capa- 
city as corporations or quasi corporations.] (a) 

§ 526. Suits ao;ainst a County must be asiainst the Inferior suits r6\ 
Court, and personally served on the Clerk of such Court, who how brought 



8 



(a) Acts of 18G3-4, pp. 



114 PT. 1. — TIT. 0. — County Organization. 



Chapter 'J.— Incorporation of Counties, County Contracts, Property, and Claims. 



must make an entry thereof on his minutes, and suits by the County 
must be in the name of the Inferior Court. 

§ 527. All contracts entered into by the Justices of the Infe- 
contracts fjor Court, mill other persons in behalf of the County, must be in 

with the In- , , . . 

forior Court ^yritin^ aud entered on their minutes. 

must be in o 

unune. § 528. All deeds, conveyances, grants, or other instruments, 

Poo.is which liave been or may be made to any officer or person for the 
Snefitofthe usc and benefit of the County, vests in such County the title as 
fully as if made to such County by name. 

§ 529. The Justices of the Inferior Court have the control of 

The Jns- all property belonging to the County, and may by order, to be 

Inferior entered on their minutes, direct the disposal of any real property, 

Court con- ,., ir^niT ip i • •• 

troiiho prop- ■which Can lawiully be disposed 01, and appoint a commission to 

erty of the , . , , , \ ^ , ... 

County. make titles thereto, and the conveyance of such commission m 
accordance with such order, vests the grantee or vendee with the 
title of the County. 

§ 530. The County buildings are to be erected and kept in order 
coTintyand repair at the expense of the County, under the direction of 

buililinirs ^ . ^ . "^ ' 

—by whom such Justiccs, who are authorized to make all necessary contracts 

erected, etc. ^ "^ 

for that purpose. 

§ 531. It is the duty of the Justices of the Inferior Court to 
Duty of erect or repair, when necessary, their respective Court Houses, 

the Justices ^ ^ "^ ^ . . . 

of the infe- and Jails and all other necessary County building's, to furnish 

nor Court in ./ t/ . o :» 

'^ubiicbuiid^- ^^^^ ^^^^ ^^^ ^^^ furnituro necessary for the diiferent rooms, offices, 
coSs*"^ ^^' ^^ cells, and to procure a fire-proof safe or safes, sufficient to hold 
at least all the minute books and books containing records of 
judgments, books of officers' bonds, all recognizances, the bonds 
of administrators and guardians, the record of wills and of ap- 
praisements and sales, unless the Court House has a fire-proof 
vault ; such books and papers, and all others that can, must be placed 
in such safes or vaults at night, or when the officers are absent. 
§ 532. Such Justices shall designate the rooms in the Court 
th^^*^coart ^^^^^^ ^^ ^^^ occupied by each of the County officers, and enter the 
House. same on their minutes, which they may change from time to time 
as convenience may require. 

§ 533. The Court Houses, as well as Jails, the public grounds 

Conrt and other County property, are placed in the keeping of the Sher- 

Jaii9.etc.,in iffs of the rcspcctive Counties, subject to the order of such Jus- 

the keeping . , . . , . ^ .^ 

of the sher ticcs, and it is their duty to preserve them from injury or waste 
and to prevent intrusions upon them. 



PT. 1.— TIT. 6.— County Oroanization. 115 



Chapter 2. — IncDrporation of Counties, €ount3^ Contracts, Property, and Claims. 



§ 534. If any person designedly destroy, injure, or deface any injuries to 
of the public buildings, the appurtenances thereto, or the ^'^^^^'^' \ll^^l: /'^'{^, 
ture inside, or shall use cither for any indecent purpose, such ^'^' 
person shall be guilty of a misdemeanor, and on conviction be 
fined or imprisoned, or both, at the discretion of the Court, 
besides being liable for the damages. 

§ 535. The County Jails hereafter constructed must be of suffi- Dimen- 

cient size and strength to contain and keep securely the prisoners construction 

and debtors which may be confined therein, and must contain at 

least three apartments, properly ventilated, so as to secure the 

health of those confined therein — one for debtors, one for criminals, 

and one for females. 

§ 536. The Justices of the Inferior Courts of the several Coun- The jus- 
tices of the 
ties have the pov/er to levy an extra tax sufficient to carry into inferior 

, . Courts may- 

effect Sections 530 and 531, without a recommendation by thei^vyatax. 

Grand Jury, whenever the necessities arise. 

S 537. If such Justices fail to comply with the requirement of On faiim-e 
said Sections, or to levy the tax, or levy an exorbitant tax, or levy extra tax a 
one when unnecessary, their conduct may be reviewed by the «« may issue 
Judge of the Superior Court, by mandamus or injunction, as the 
nature of the case may require, at the instance of any tax payer 
of the County. 

§ 538. It is the duty of the Grand Juries to inspect all the pub- Grand Ju- 
lie buildings and other property of the County and the Countv spect puwic 

. , . , , . ,^ buildings.re- 

records, and to report m tneir general presentments their condi- cords, etc. 
tion, and if they report that such Justices have failed to comply 
with the law touching the same, it is the duty of the Solicitor 
General of the Circuit to commence proceedings against them, 
that they may be compelled so to do, if they do not in good faith 
comply by the next term of the Superior Court. 

§ 539. The Judges of the Superior Court shall, when necessary, Duty of the 
call the attention of the Grand Jury to the duties required of such superior 

-r . . ■■ . , Court 

Justices m this chapter. 

§ 540. Such Justices must audit all claims against their respect- ah cbims 
ive Counties and every claim, or such part thereof as may be totmtytobe 
allowed, must be registered, and the Clerk of said Justices must' 
give the claimant an order on the Treasurer for the amount. 

§ 541. All claims against Counties must be presented within Must be 
twelve months after they accrue or become payable, or the same K-i thin" ole 
are barred, unless held by minors or other persons laboring under ' 



1 



116 



PT. 1.— TIT. G. — CHAP. 3.— Coui^TY Organization. 



Article 1. — From Taxation. 



disabilities, who are allowed twelve months after the removal of 

such disability. 

§ 0-4:2. The private property of the citizens of a County shall not 

Jmipinents be bound by any judgment obtained against the County, but such 

CouutT— nid^nnent. if bindinir, shall be satisfied from money raised by law- 
how salis-*' f? C3' J J 

fi'^J- ful taxation. 



CHAPTER III 

COUNTY REVENUE. 



Article 1. — From Taxation. 
Article 2. — From Oilier Sources. 



ARTICLE I. 



FROM TAXATION 



Sectiox. 

543. Tax for County purposes. 

544. Duty of Justices Inferior Court. 

545. Failure of Orand Jury to recommend 

546. When there are several Grand Juries. 

547. Creditors of the County. 

548. Objects of a County tax. 

549. "When debts exceed amount raised. 

550. The order must specify the object. 

551. Must be advertised for thirty days. 

552. Specific taxes. 



Section. 

553. IIoAV entered, collected and paid out. 

554. Collector's fees and liabilities. 

555. Mode of allowing commissions. 
55G. Payment of County tax, etc. 

557. Persons holding County tax. 

558. Failing to pay, execution may issue. 

559. Illegality — when — how tried. 

560. Persons borrowing County funds. 

561. Ft. fa. or ca. sa. may issue. 

562. The Inferior Court may remit. 



§ 543. The Justices of the Inferior Court have power to raise 

Tax for a tax for County purposes, over and above the tax they are here- 

poses— how inbefore empowered to levy, and not -to exceed fifty per cent. 

upon the amount of the State tax for the year it is levied, provided 

Two-iiiirris two -thirds of the Grand Jury at the first or Spring Term of their 

ofGran'JJu- • /~i , • it 

ry vimi ru- rcspcctivc (Jountics rccommend such tax. 

§ 544. It is the duty of such Justices to see that by the time of 

Duty of the organization of such Grand Jury they shall have prepared 
ff'riorCourr. }) J their County Treasurer, under their supervision, a statement 

,, , of the financial condition of the County, and the amount of tax 

C o tj 1) t y «/ ' 

Treasnrer. j-equircd to discharge the County liabilities for that year, which 
condiuorl^f shall be by the Treasurer presented to the Foreman of the Grand 
th^- County, j^^y ^^ ^-^^ ^^^^ ^jg^^ Q^ Court for inspection by that body. 

§ 545. If from any cause such Grand Jury is not impanneled, 



PT. 1.— TIT. €.— CHAP. S.^CouNTY Ougaxization. 117 



Article 1. — From Taxation. 



or they adjourn without taking any action thereon, or they refuse ^r the 
to make such recommendation sufficient to discharo;e any ludr/mcnt ^^'' ^" /^c- 
that may have been obtained against the County, or any debt for ^*^ 
the payment whereof thero is a mandamus, or the necessary 
current expenses of the year, such Justices may levy the neces- 
sary tax without such recommendation. 

§ 546. When there are several Grand Juries impanneled durinc^ if there 

^ *=* be several 

such term the recommendation of cither panel shall be sufficient ^J'-"^'^ ^^^• 

^ nes, etc. 

authority, but if there are counter presentments on the subject it 
shall be as though there had been an entire failure to report 
thereon. 

^647. The right of a creditor of a County to compel such tax ^/^^^9}^'^^^ 

"^ o ^^ -i^ of the Coun- 

levied, or of a tax payer to resist it, is the same as set forth in ^y ^"^ ^^ 

' r J ' payers. 

Section 537, touching tax for building. 

§ 548. County taxes shall be assessed for the folio wins: pur- , objects of 

•^ o 1 levying a 

poses: County tax. 

1. To pay the legal indebtedness of the County due, or to 
become due during the year, or past due. 

2. To build or repair Court Houses or jails, bridges or ferries, 
or other public improvements, according to the contract. 

3. To pay Sheriffs, Jailors, or other officers' fees that they may 
be legally entitled to, out of the County. 

4. To pay Coroners all fees that may be due them by the 
County for holding inquests. 

5. To pay the expenses of the County for Bailiffs at Courts, 
non-resident witnesses in criminal cases, fuel, servant hire, sta- 
tionery, and the like. 

6. To pay jurors, when by the local law they are allowed a per 
diem eompensation. 

7. To pay expenses incurred in supporting the poor of the 
County, and as otherwise prescribed by this Code. 

8. To pay charges for educational purposes, to be levied only 
in strict compliance with the law. 

9. To pay any other lawful charge against the County. 

§ 549. When debts have accumulated against the County so that when debts 
one hundred per cent, on the State tax, or the amount specially amount ra£ 
allowed by local law, can not pay the current expenses of the tion,W 
County and the debt in one year, they shall be paid off as rapidly 
as possible, at least tvv^enty-five per cent, every year. 

§ 550. As soon as the County tax is assessed for the year, it 



118 PT. 1. — TIT. G. — CHAP. 3. — Coxtnty Organization. 



Article 1. — From Taxation. 



The oHcr shall be done bv order of such Justices and entered on their 
the objoot, minutes, -wliieh must specify the per cent, levied for each specific 

per cent. ]»■ ,. • f> i 

vie.1. and be pnrpose. The assessment applies to every species of value or 
the minute*, specifics which is taxed by the State, [mcmding the value of shares 
in any raih'oad that is in running condition, or banking com- 
pany owned by any person either in their own right or in the 
ri^^ht of another; and such owner shall return the number and 
value of such shares with his other taxable property; but such 
shares shall not be so taxed if it interferes with the previous vested 
rights of the railroad or bank under its charter.] (a) 

§ 551. The Clerk of the Inferior Court must advertise imme- 
Tho order diatcly a copy of such order for thirty days at the door of the 
tisca thirty Court Houso and in a public gazette, if one is published within 
Clerk. the limits of their respective Counties, and furnish the Tax Col- 
lector with another copy, and if he fails so to do, shall be fined by . 
such Justices not less than fifty dollars. 

§ 552. Taxes raised for educational purposes, or the support of 
Taxesforthe poor, or any other specific purpose, must be used for such 
purpose. purpose respectively, and none other. 

§ 553. All taxes so levied for County purposes must be assessed 
How enter- upou the Tax Rccoiver's books for each year, and collected by 
and paid out the Tax Collcctor, who shall pay the same to the County Treas- 
urer, except educational tax, which shall be paid to the Ordinary. 
§ 554. The Tax Collectors shall be allowed the same commis- 
coUector^s sions and fees for such collections as they are allowed by law for 
bmty.° '^" the collection of the State tax, and are liable to the same fines- 
and forfeitures for any default or improper conduct. 

§ 555. [The Inferior Courts in allowing Collectors their com- 
Mode of i^iissions for collecting the taxes levied by their respective Coun- 
wmmiiiionl ^^^^ are authorized and required to aggrega^te the taxes for the 
various purposes levied, and to allow commissions on the whole 
amount, in accordance with the schedule from which the Comp- 
troller General is authorized to allow commissions to Collectors 
for collecting the State tax.] (b) 

§ 55G. Any other remedy or right allowed by law for the 
Payment enforcement of the collection and payment of the State taxes, 
ti^T^l *^°' either by the Comptroller General or Tax Collector, may be used 
for the County taxes by the Justices of the Inferior Courts, 

(a) A.cts of 18G2-3, p. GO. (b) Acts of 1861, p. 81. 



PT. 1.— TIT. 6.— CHAP. 3.— County Ouganization. 



119 



Article 1. — From Taxation. 



§557. Sucli Justices shall also have authority to compel all persons 

. . . 11 holding 

persons, their heirs, executors, or administrators, who have or county ux 

r T T ^ corn{)(;lled to 

may have in their hands any County money, collected for any p^y^vorthe 
County purpose whatever, to pay over the same. 

§ 558. On failure to pay the same, such Justices shall cause on faiinre 
their Clerk to issue executions ai^ainst such persons and their p"^''^" "'^y 

o A issue. 

securities, if any, for the full amount appearing to be due, as the 
Comptroller General issues executions against defaulting Tax 
Collectors. 

§ 559. If such execution shall issue for too much, or if defend- illegality 

^ '' — on what 

ant denies on oath owing any part thereof, he may, by filing an sr^^unds. 
affidavit of illegality, according to the rules governing other ille- 
galities, cause an issue to be formed thereon, which shall be ^. 

^ , , , . When and 

tried by a special jury at the first term of the Superior Court ^^^ t"<^'^ 
thereafter. 

§ 560. The provisions of the foree-oin^ four Sections are appli- au per- 

•^ . . soDsborrow- 

cable to all persons and their sureties who may borrow, or pre- ["? money 

^ ./ ^ 1 belonging to 

tendedly borrow, any County money from any person having cus- g^^^-e?^^^? 
tody thereof, and shall be, in all respects, held as holders of cedin^-^^sec- 
County funds. *^^°^' 

§ 561. Where the Justices of the Inferior Court are authorized Fi. fa. or 

ca. sa. may 

to issue fi. fas., they are also authorized to issue ca. sas. on the issue. 
same terms as other plaintifi's. 

§ 562. In all cases where persons have been overtaxed, or for The Jus- 

1 I'll • 1 r» 1 1 • ^i^^S ^^ ^^® 

any other cause taxes are claimed to be remitted, refunded, or m inferior 

Court may 

any manner claimed ap-ainst, the Inferior Court shall be author- remit the 

•^ . . . County tax. 

ized to hear and determine such application to the extent of the 
interest of the County therein. 



ARTICLE II. 

FROM OTHER SOURCES THAN TAXATION 



Section. 

563. Sources of the County revenue. 
664. Retail licenses — shows, etc. 

565. Licences issued for one year. 

566. Retailing spirits without license. 

567. Exhibiting shows, etc. 

568. Peddling without license. 

569. Disabled soldiers may peddle. 

570. Tax payor may demand a license. 



Sectiox. 

571. Violations of preceding Sections. 

572. Duty of Clerk in relation to shows. 

573. Special defense — how made. 

574. Damages against defendants. 

575. Not to interfere with Penal Code. 

576. Money raised — how appropriated. 

577. The Clerk failing to pay over money. 



120 PT. 1.— TIT. i3.— CHAP. 3.— County Organizatioit. 

Article 3. — From Other Sources than Taxation. 

§ 503. All sums -which are paid into the County Treasury for 
souicosof t|j^ followinji accounts make a part of the County revenue — viz: 
'h"'^b— "^ 1. For the autliorized sale of any County property, unless 
ation. otherwise directed. 

'2. For the rent or hire of any County property. 

3. For shows or exhibitions. 

4. For licenses to sell spirituous liquors in any quantity. 
0. From estrays. 

6. From licenses to peddle. 

7. From any other sources. 

§ 564. The County charges for such licenses are as follows : 

^ Retail -.i- To retail spirituous liquors $25 00 

biti^n's, and To sell spirituous liquors, not b}^ retail, in quantities less than 

^^"^'"•' one gallon 5 00 

To peddle within the Count}^ unless otherwise provided by the 

Inferior Court under the law 50 00 

To exhibit shows with horses 10 00 

To exhibit animals, beasts, and the like 10 00 

To exhibit pietures or figures 5 00 

To exhibit any other show, not less than $5.00, nor more than 

!f'25.00, as the Justices of the Inferior Court may order. 

To exhibit theatricals or musical entertainments, for profits to 

the proprietor, not more than $5.00 on each exhibition, 

and subject to contract with the Court. 

§ 565. All such licenses, except exhibitions, are for the term of 
License.s onc Ycar, extendino! to the County limits ; but license to retail or 

exc<^yt for " . . 

exhibitionB. sell spirituous liquors will only authorize, either by the person 
one year, in wliosc name it issues or his clerk, to sell at some one fixed 
place in the County, ^Yhich must be specified in the license. 
§ 566. If any person retails or sells spirituous liquors without 
Re^aii'n^ first obtaining such license, or, having obtained it, sells at any 
cense. othcr or more places than the one fixed in the license, or trans- 
fers it and allows it used by any other person than himself or an 
authorized clerk, he forfeits to the County, for each violation, 
twenty-five dollars. 

§ 567. If any person exhibits any show without first obtaining 
ExhibiUnf,' such license, or exhibits a show different from that for which he* 

shows, etc., , . 1 T 

without li- obtained license, he forfeits to the County three times the cost of 

cense. . , . •^ 

license for each exhibition. 

§ 568. If any person, except a disabled soldier of this State, 

Peddiinj? pcddlcs "wlthout first obtaining such license in Counties where the 

cense. Justices of thc Inferior Court take no action regulating peddling, 



PT. 1.— TIT. 6.— CHAP. 3.— County Organization. 121 

Article 2, — From Other Sources than Taxation. 

he forfeits to the County one Piundrcd dollars for the first act of 
peddling, and for each month thereafter, twenty-five dollars more. 

§ 569. [It shall be lawful for any disabled soldier of this State Maimci 
to peddle in any County or Counties thereof without paying for \?J\!i%'\!['lh. 
license for the privilege of so doing ; and a certificate from the ''" 
Justices of the Inferior Court of any County, stating the fact 
of his being such disabled soldier, shall be sufficient evidence 
thereof: jirovided that this Section shall not authorize peddling 
ardent spirits, and provided also that the privilege hereby granted 
shall not be transferred to or used by any other person.] (a) 

§ 570. Any tax payer of a County may call upon any person Any tax 
in pursuit of any occupation for which a license must be obtained 'leruand a li- 

^ . . . . cense. 

to exhibit his license, and if he fails so to do, it shall be sufficient 
grounds, on making affidavit of the fact, to cause such forfeiture ; 
and if, on investigation, it appears that he has such license, he 
forfeits the sum of ten dollars and costs. 

§ 571. If any Justice of the Inferior Court, or Clerk thereof, violation 
of their own knowledge, knows of the violation of the foregoing preceding 

S c c t i o n s— 

three Sections, or if any person will make affidavit of such fact, Lowpumsh- 
it is the duty of the several Clerks of the Inferior Courts of this 
State, unless they know to the contrary, to issue a process di- 
rected to all and singular the Sheriffs and Constables of this ^^^ process. 
State for the amount of such forfeit, commanding them to levy j^ ^^^^ 
on sufficient of the property, real or personal, of the defendant ^'^• 
to satisfy the same and costs, and to levy and sell the same as in 
case of attachments ; and in default of finding goods enough for 
such purpose, to arrest such defendant and him safely keep as in Defendant 
cases 01 persons under ca. sa. buch process must be returned to rested. 
the Court from whence it issues. 

§ 572. If any show is on exhibition in any County without the i^'i^v of 

•^ . . J J the Clerk of 

license required, it is the duty of the Clerk of the Inferior Court 5^^^' inferior 

-•• ' '^ ^ C ourt m re- 

instanter to place such process in the hands of such officer ; and 'f '^^, ^<^ 
if, on presentation, the license fee required and all costs are in- 
stanter paid, it shall discharge the same, but not otherwise ; but 
if such course is not taken, it is no waiver of such forfeiture. 

§ 573. Persons ap;ainst whom such process may issue may ar- Persons 

° . -^ "^ "^ proceeded a- 

rest the same by swearing that they have not violated the law on ?''i"st may 

. "^ . defend. 

account of w^hich process has issued, and by otherwise complying 

(a) Acts of 1866, p. 46. 



122 n. 1.— TIT. (3.— CILVr. 8.— County Organization. 

Article 3. — From Other Sources than Tfixatioii. 

with the provisions of the Section against persons holding County 

funds, and wliich shall be returned and tried in the same manner. 

§ 574. If, on the trial of such issue, the jury who tries shall 

iHmn^->8 believe that such affidavit was filed for delay only, or is without 

fendants. j^j^y excusc to sustaiu it, they shall so state in their verdict, and 

if they so find, the defendant shall pay twenty-five per cent. 

additional. 

§ 575. The penalties and forfeitures hereinbefore set forth are 
tcrfero^with ^^^^ to interfere with any provision of the Penal Code, that is or 
OKie. ^'^"^^ ^^y ^® enacted, making such acts penal. 

§ 576. The moneys arising from such licenses are to be paid to 
ro "riafed^" ^^^^ Couuty Treasurer to be used for County purposes, but one- 
half of moneys arising from forfeitures go to the informers. 
§ 577. When any Clerk of the Inferior Court shall neglect to 
Proceed- pay ovcr to tlic Couuty Treasurer, if he is not County Treasurer, 
for failing to or shall retain in his hands any money collected on account of the 

jiay over «/ «' 

money. Couuty, or belonging thereto, the Justices of the Inferior Court 
may compel him to do so by rule at any time, and if he then fails 
so to do they may issue fi. fa, against, him and his securities as 
against defaulting Tax Collectors, and the proceedings then and 
afterwards shall in every respect be the same. 



CHAPTER IV. 

COUNTY OFFICERS NOT HEREIN BEFORE SPECIFIED. 



Article 1. — County Treasurer, 
Article 2. — County Surveyor, 
Article 3. — County Coroner, 



PT. 1.— TIT. f).— GIIAP. 4.— County Okganization. 



123 



Ai-tic]o 1. — County Treasurers. 



ARTICLE I. 



COUNTY T 11 E A S U 11 E R S. 



Section. 

578. Election and term of office. 

579. Failure to elect at a regular time. 

580. When such election should be hcUl. 

581. Must give bond and take an oath. 

582. Term of office. 

583. Vacancies— how filled. 

584. Qualifications. 

585. Clerk being appointed Treasurer. 

586. Oath of the County Treasurer. 

587. Amount of his bond. 

588. Appointment to fill vacancies. 

589. County funds, by whom received, etc. 

590. His office — where kept. 

591. Treasurer's duty, etc. 

592. Books to be furnished. 



Skctiox. 

593. Books, etc., — where deposited. 
591. Debts of County — what order paid. 
595. County orders — when payable. 
59G. Persons holding orders. 

597. Orders not paid for want of funds. 

598. County orders negotiable. 

599. Treasurer shall not purchase. 

600. Buying at a discount, etc. 

601. Clerk failing to render a statement. 

602. Duty of the Treasurer, etc. 

603. Both offices held by same person. 

604. Treasurer failing to pay over. 

605. Must turn over books, etc. 

606. Final settlement on retiring. 



County 
Treasurer — 



§ 578. County Treasurers are biennially, on tlie second Monday 
in January, appointed by the Justices of the Inferior Court of ^jjj^ ^<^^'^^^^^^^ 
each County, except when there is a regular election for such °®*^^- 
Justices, when it must be done as soon after their qualification as 
possible. 

§579. If there are not as many as three of such Justices in Justices of 

•^ the Inferior 

commission, who meet at the time designated for such appoint- ?^"[4^^^^°= 
ment, it may be adjourned from time to time until there are at 
least three present. 

§ 580. Such appointment should take place as long as possible '^'^^'^ ^^i 

" ■'■■'■ ■•■ o 1 appointment 

before the first session of the Superior Courts in each County for ^^^l^ ^^ 
the year. 

§581. Ko appointment is effectual until bond and security is ^^^^^^^^ *J^| 
given and the oath of office taken. give bond. 

§ 582. When once appointed or elected, and qualified, they hold ^i^y bere- 

^ *■ 7 I 7 J moved from 

their offices [for two years and] (a) until their successors are quali- g^^«' ^^^ 
fied, unless sooner removed, and they may be removed in the same 
manner that Clerks of the Superior Courts may be, to be judged 
of by the Justices of the Inferior Court, unless elected by the 
people, and in that case by the Superior Court. 

§ 583. Vacancies are filled by the appointment of such Justices, 
whether the Treasurers are originally elected by the people, or 
appointed by them. 



Yacsncies 
— how fiilec 



(a) Acts of 1863-4, p. 18. 



124 r.T. 1.— TIT. G.— CIIAr. 4.— County Organization. 

Article 1. — Connt.y Treasurers. 

§584. No other conditions of eligibility arc required save those 
His qnaii- that applv to all other officers, but no other oilicer can be County 

fications. r I . t/ 

Treasurer except a Clerk of the Inferior Court. 

081"). When a Clerk of the Inferior Court is thus elected or ap- 
The Clerk pointed, hc shall take the oath and give the bond required of a 

of tho Infe- ^ ^ . . i • m » i n 

rior Court Couutv Trcasurcr, but the securities on his Treasurer s bond 
pointed shall be different from those on his Clerk's bond, unless they are 

Treasurer ^ ^ ^ 

niustuHkean ^]^jj^j,]y r^\^\^ j-q satisfv both. His oath of office must be entered 

oath auu give J •^ 

bouii. Qjj ^|jg minutes of the Inferior Court and filed in the office of the 

and bond Ordinary, and his official bond must be filed and recorded in said 

aiust be ro- 

corded. OmCC. 

§ 586. County Treasurers before entering on the duties of their 
The form officc, bcsidcs the oath required of all civil officers, must take the 

following oath — viz : " I, , do swear I wdll faithfully collect, 

disburse and account for all moneys or other effects of the County, 
and otherwise faithfully discharge all the duties required of me 
by law, as County Treasurer. So help me God." 

§ 587. They shall also, within ten days from their election or 

Amount of ^PPoi^^ti^Gnt, givc a bond payable to the Justices of the Inferior 

IS bond. Qom-t of the County, with securities to be by them approved, in a 

sum which, in their judgments, will be double the amount of the 

County tax for the ensuing year, receipts from other sources, and 

cash on hand. 

§ 588. The bonds of appointees to fill vacancies shall be like- 
Appointocs wise in their discretion, taking into consideration the amount that 

to Hll vacan- 1 • i i i r» i t i ^ 

cies must may come to their hands and tor double sucn amount. 

give bond. 

§ 580. All County funds are to be paid to and disbursed by the 
funds'— "b^ County Treasurer, except such as may be specially excepted by 
wu^S and ^^^"^'j ^"^^^ ^^^*^^ ^^ ^^^ collected and disbursed as specially directed. 
paid out g 59Q^ jjq must keep his office at the County site, or at some 

Office— place within one mile of the Court House. » 

where kept. § 591. It is their duty— 

Doty, of ^' To diligently collect from all officers and others all County dues. 
Trea9urcr"in ^' ^0 cxaminc thc minutcs and execution dockets of the differ- 
coiiecting. ^^^ Courts of the Counties, to demand and receive all moneys ap- 
pearing to be due thereon, and to institute proceedings against 
defaulters. 



8. 



To pay without delay, when in funds, all orders, according 
the County to thoir datcs (or other debts due), and when not in funds as here- 

Trcasiirer In . •) -t 

paying out maftcr prcscribed. 



PT. 1.— TIT. fJ.—CIIAP. 4.— County Organization. 12o 



Article 1.— County Treasurers. 



4. To take a receipt on each order when paid and carefully file muhi take 

^ i ./ receipts 

it away. 

5. To keep a well-bound book in which shall be entered all re- 
ceipts, stating when received, who from, and on what account, and 
all amounts paid out, stating when paid, to whom, and on what 
account. 

6. To keep a well-bound book in which shall be .entered a full shaii keep 
description of all County orders, or other forms of indebtedness, the ind'bt- 

c'Jncss o f 

as thej are presented ; to record a copy of the orders of the Infe- the county, 
rior Court levying County taxes. 

7. To exhibit to the first Grand Jury at the first session of the shaii ex- 
Superior Court of each year, a full statement of the condition of Lino to the 
the County Treasury up to that time, and on the second Monday 

in January, annually, to file with the Clerk of the Inferior Court 

a full statement of his account, accompanied by his vouchers for ment of the 

... . Count V 

the precedino; year, t02:ether with his estimate of the indebtedness funds to be 

^ ^ '^ ' ° , _ ^ filed Avith 

of the County for the ensuing year, and the means of providing cierk of the 
therefor, and to place his books before either of said bodies for <^*^^^"*- 
examination when called upon. 

8. To appear before either of said bodies to render an account 
of his actings and doings as County Treasurer, and to exhibit his 
books and vouchers whenever notified. 

9. To publish at the door of the Court House, and in a public Annual 

gazette, if there is one published in the County, a copy of his be advems- 

annual statement to the Justices of the Inferior Court. 

§ 592. All books and stationery the County Treasurer may re- Books, etc., 
, . *^ "^ '^ to be fur- 

quire must be furnished at the expense of the County. mshed bv 

■•■ - . the County. 

§593. When the books of such Treasurer are full, they, to- Boot?, 
gether with the vouchers or other files relating thereto, or con- Jtc,"— when 
nected with the oflice, must be deposited in the office of the Clerk ^i'*^^^^*'- 
of the Inferior Court and afterwards be part of their records. 

§ 594. When there are funds enough to pay all outstanding The order 
orders and other forms of indebtedness due, which the Treasurer debts of the 

1 1 • T 1 ,.,.,..., Countr shall 

may be authorized to pay, tney may be paid indiscriminately te paid, 
without regard to their dates ; when there is enough to pay all 
dated anterior to some particular dates, all such may be likewise 
paid indiscriminately ; when there is not enough to pay all of 
equal degree, they shall be paid ratably ; under all other cir- 
cumstances, they shall be paid in tlie order of their dates. 

§ 595. No order shall be paid until after five days from its date 



126 PT. 1.— TIT. 6.— CILVr. 4.— County Organization. 

Article 1. — County Troasurcrs. 

County or- and dclivorj, unless otherwise specially ordered, that the Clerk of 
i^.*" ''^^ the Inferior Court may furnish in the meantime the County Treas- 
urer with a full statement of all orders issued, which shall be by 
him immediately registered, and when so registered shall be paid 
according to law without further notice to the Treasurer previous 
to the time of payment. 

§ o96. If any person holding County orders shall fail to pre- 
rersons scnt thcui by the first day of December of each year to the County 
County or"- Trcasurcr for payment, they shall be postponed to all orders 
t o presen"t ^hicli wcrc SO presented and not paid for want of funds. 

them. ^ ^ ^ 

§ 597. On the first day in December of each year such Treas- 
ordersurer sliall make an entry of all orders entitled to payment which 

not paid for "^ ^ *^ 

want of ^erenot so presented for payment, and what orders not of equal 
dignity have been paid instead, in whole or in part, and what 
others are entitled to payment before such non-presented orders. 
Persons holding such orders, who present them without receiving 
their pay before said day, may have the Treasurer annually to 
mark thereon ''Presented^'" the day of presentation, and not paid 
for want of funds. 

§ 598. All County orders are negotiable by delivery or endorse- 
County or- ment, and the endorser liable accordina; to the terms of his en- 

dersnegotia- , ^ ^ o ^ 

bie. dorsement, as in commercial paper, but no such transfer can take 

place so as to prevent a Treasurer from setting off any sum that 
the payee may be due the County at the date of the order. 

§ 599. Such Treasurer is forbid to buy up any County orders 
Treasurer or claims for Icss than their full par value, either by himself or 

shall not ti 'ti i • n ^ 

imrchaseor- agcuts, Qircctly or ludircctly, or by paying lor them m property 
count. at an estimated value above its true value. 

§ 600. If any County Treasurer shall thus buy up any County 
Penalty order or claim, or refuse to pay an order when he has funds to 

for buying ^ "^ 

orders at a pay the samc, or illegally postpone one, he shall be removed from 

refuging to office ou complaiut and proof being made to the Justices of the 

Inferior Court, and is moreover guilty of a misdemeanor, and, 

upon conviction, shall be fined not less than one hundred nor 

more than five hundred dollars. 

§ 601. If any Clerk of the Inferior Court shall fail to render 

The Clerk in at the time required, to the County Treasurer, a full statement 

render a of thc County ordcrs as they are passed (except from providen- 

sfatement to . ^ . ^ ^ ^ • ^ ^ n n 

the Trcasur- tial causc or Unavoidable accident), he is guilty of a contempt of 
Court, and shall be fined not less than one hundred dollars for 



PT. 1.— TIT. G._CIIAP. 4.— County Okganization. 127 

Article 1. — County Treasurers, 
each failure ; and in case such Justices fail so to fine such Clerk, Hhaii ha 

fined not k-KS 

they arc also guilty of a misdemeanor, an^, on conviction, shall than $ioo, 
be likewise fined. 

§ 602. If the Clerk is unable to render such schedule, or fails , i>''ty of 

' tho irfcasur- 

so to do by the end of five days, it is the duty of the County e'j,|;f'ti^'^'fj*^''j 
Treasurer to examine the proper books, minutes, or files of such \'J,^{^1^ ^^i 
Clerk, and take therefrom such schedule, and on failure so to do, '^'^""'• 
except from providential cause, he incurs the same penalty that 
the Clerk does. 

§ 603. When the Treasurer and the Clerk of the Inferior Court when the 

offices of 

are the same person, separate books must be kept, the same scpa- Treasurer 
rate duties must be performed, so far as possible ; and if a Clerk ^'^I'l by the 

i- '' *■ ■' same per- 

who is Treasurer is removed as Clerk, it works his removal as son. 
Treasurer. 

§604. When the County Treasurer at anytime fails to pay county 

Treasurer 

any order which is entitled to payment, or other lesral demand failing to 

. .. .Pfty over 

upon him, or to pay any balance that may be in his hands to his money, exe- 

^ ^ 1 ./ c/ ^ t/ ^ cution may 

successor, or to the person entitled to receive it, the Justices of i^sue. 
the several Inferior Courts may issue execution against him and 
his sureties for the amount due, as against a defaulting Tax Col- 
lector. 

§ 605. In case of the resignation, expiration of the term, or county 

Treasurer 

removal from of&ce, such Treasurer, or if he is dead, his personal must turn 

^ ^ over to his 

representative, must state his accounts, and deliver all the money, successor 

r 7 T ^ i/ 7 books, etc. 

books, papers, and property of the County to his successor, as 
other ofiicers do, who must report the same immediately to the 
Justices of the Inferior Court. 

§ 606. When such County Treasurer or his representative has Final set- 
made a fair and full statement of all his accounts and liabilities a retiring 

p 1 • 1 p 1 • Treasurer. 

as such, an exoneration of himself and sureties, together with the 
details of such settlement, must be entered on the minutes of the 
Inferior Court, and be final, except for fraud. 

Note. — In many Counties the Treasurer is elected by the people. See local 
acts as to each County, none of which are included in this Code, or repealed by 
its adoption, unless expressly mentioned. 



128 



TT. 1.— TIT. G.— CIIAr. 4. — County Organization. 



Article 2.— County Surveyors. 



# ARTICLE 11. 

COUNTY SUIIVEYOIIS. 



Section'. 

(>0T. IIow elected ami rcmovcil from office. 
COS. Failin?: to elect at the regular term. 
60i\ Appointed by the Court. 

610. His oath and bond. 

611. May be removed from oflBce. 

612. One for each County. 

613. Assistant must take an oath. 

614. May keep his office at his residence. 



Skctiox. 

G15. General duty of County Surveyor. 

616. Fees for surveys — how paid. 

617. Survey made between Counties. 

618. Charges for surveys — hoAV contested. 

619. Surveys and plats — when evidence. 

620. When there is no County Surveyor. 

621. Others acting as County Surveyors.- 

622. Making false survey — how punished. 



§ 607. CouDty Surveyors are elected, commissioned, qualified, 
County and removed as Clerks of the Superior Courts are, and hold their 

Surveyor — ^ p , 

how elected, omces ior two vears. 

etc. . . 

§ 608.* In case there is a failure to elect a person who is corn- 

on failure missioucd and qualified at the regular time, or a vacancy occurs, 

reguiaMimc. the Justiccs of the Inferior Court must appoint such Surveyors, 

which appointment takes effect as prescribed in the case of County 

Treasurers. 

§ 609. If a County Surveyor derives his authority from appoint- 
if ap-ment, he needs no commission beyond the order of such Justices 
the Court, entered on their minutes, of which appointment the Grovernor of 
commission, the State must be informed by their Clerk without delay. 

§ 610. Before entering on the duties of his office, besides the 
His oath, oath required of all civil officers, he must take the following : 

"I, , swear that I will, to the best of my skill and 

knowledge, discharge the duties of Surveyor of County, 

and that I will not admeasure, survey, or lay out any land in 
my capacity as such, or knowingly permit or cause it to be done, 
without a warrant first obtained for that purpose. So help me 
God." 

He shall also, at the same time, give bond and security in the 
sum of one thousand dollars. 

§ 611. Whether appointed or elected, besides the causes of re- 
May be raoval which apply to all officers, he may be removed by the Jus- 
thc Ju!«tice.s ticcs of the Inferior Court for want of capacity, on the same pro- 
rior Court, cccding bcforc them, and by them to be decided, that officers are 
removed in the Superior Courts. 
Must be § 612. There must be one for each County, and he is empow- 
County.^^'^'^ ered to appoint one or more assistants or deputies, for whose con- 
an^asLunt! ^uct he is responsible. 



PT. 1.— TIT. 0.— CHAP. 4.— County Organization. 129 



Article 3.— County Surveyors. 



S 613. When such an assistant is appointed ho must take the Most take 

"^ '^ '■ an oalh. 

same oath the Surveyor takes, and the fact of the appointment 
must, at the same time, be entered on the minutes of the Inferior 
Court. 

§ 614. The County Surveyor may keep his ofiice at his place of j^j^^*^^!;*^^^j; 
abode, if within the limits of the County. his rehidence 

§ 615. It is his duty — 

1. To punctually observe and carry into effect all such orders ^^^ JJl'^^.'^uJ,^ 
as he may receive from the Surveyor General or other officer ^y Purveyor. 
who may lawfully command him. 

2. To admeasure and lay off dower, to partition lands, to make 
re-surveys, to give plats of all surveys, and to administer all oaths 
required by law in such cases. 

3. To survey County lines and district lines, or other surveys, Mn.ns.jr- 

t' «^ ' '' ' vey C'-unty 

in which his County may be interested, whenever required by the i^^gg^'*^"^'^ 
Justices of the Inferior Court. 

4. To execute all surveys required by the rule of any Court of 
competent jurisdiction. 

5. To keep a well-bound book in which shall be entered plats Mu«tkeep 

a record. 

of all surveys made by him, with a minute of the names of the 
chain-bearers, when executed, by whose order and to whom plat 
delivered, if any ; which book shall belong to his office and be 
turned over to his successor, and when full shall be deposited in 
the office of the Clerk of the Inferior Court. 

§ 616. When surveys are made for private or corporate benefit. Fees for 

1 • 1 1 1 • surveys — 

the fees are to be paid by the person, or persons, or •corporation iiow paid, 
who orders the survey; when by order of the Justices of the 
Inferior Court, out of the County funds ; and when by rule of 
Court, unless otherwise agreed upon, they are to be taxed in the 
bill of costs, and shall have the effect of a judgment lien upon the 
land surveyed, if not paid h^ the party bound for costs. 

§ 617. When a survey is made by agreement, or in compliance survey be- 
with the law, between two or more Counties, the County Surveyor £. 
who performs the survey is to be paid by his County, which must 
collect from the other Counties their proportion. 

§ 618. If after a County Surveyor has made a survey for any payment 
person, who neglects to pay him, such Surveyor upon making or's^'fees — 
oath beiore the Clerk ot the Inferior Court of his County of the ed. 
performance of such service and its value, such Clerk shall issue 
Qjfi. fa. in the name of the Justices of the Inferior Court, for the 
9 



130 



FT. 1. — TIT. 6. — CHAP. -4. — County Organization. 



Article 3.— County Survej'ors. 



use of such Survojor, against such defaulter, who may defend ^ 
himself therefor, in the same manner as persons against whom 
executions issue who detain County funds. 

§ 019. Surveys or plats of land made by the County Surveyor, 
surroys or under ordcr of Court, and on notice to all the parties of lands 
—when evi- within his County, signed by him officially, and stating the con- 
tents, courses, distances, of any land surveyed by him, are pre- 
sumptive evidence of the facts, if all the requisites of the law 
touching such surveys and the reports thereof are complied with. 
§ 620. When there is no County Surveyor, any competent per- 
when there son, a citizcu of the County, may perform his duties, when spe- 
ty Surveyor cially rcquircd, if first sworn to do the same skillfully, faithfully, 
and impartially, to the best of his knowledge; or in default of 
such person the County Surveyor of an adjoining County may 
officiate. ^ 

§ 621. Persons performing such service are on the same footing 
Persons as Couutv SurvcYors as to the special service rendered, and are 
connty"'Sur- personally liable as such Surveyors are officially. 

veyor liable i- ^J •^ •/ 

as such. §622. AVhen any County Surveyor, or other person acting as 

False 6ur- such, lias kuowiugly surveyed land as vacant land which is not, or 

vey an pen ^^ j^adc any Other false survey, he is guilty of a misdemeanor, 

and on indictment and conviction shall be imprisoned not longer 

than six months. 



ARTICLE III. 



CORONEIIS. 



Section. 

623. How elected and removed from office 

624. Justices Inferior Court may appoint 

625. Coroner's oath. 

620. Must {?ive bond and surety. 

627. Additional surety may be required. 

62S. Jailor, when Sheriif is imprisoned. 

629. Shall serve process in certain cases. 

630. Shall hold inquests in certain cases. 



Section. 

631. May disinter dead bodies. 

632. Subject to indictment. 

633. Inquest unnecessary in certain cases. 

634. Death by accident, etc. 

G35. Costs paid out of County funds, etc. 

636. On conviction, costs a pai't thereof. 

637. Justice of the Peace may act, etc. 



§ 623. Coroners are elected, commissioned, qualified, and re- 
coroners— moved, as Clerks of the Superior Courts are, and hold their 

how elected 

and remov- omccs lor two ycars. 



PT. 1.— TIT. G.— CHAP. 4.— County Organizatiox\. 131 

Article 3.— Coroners. 

§024. The Justices of the Inferior Courts appoint Coroners Justices 
on the same terms and m the same manner that they do County nor court 
Surveyors, which appointments take cfFect as those of County 
Treasurers. 

§ 625. Before entering on the duties of his oCQce, besides the coronors 
oath required of all civil officers, he must take the following: "I ' 
swear that I will well and truly serve the State of Georgia in said 
office, and will faithfully and truly execute all writs and precepts 
to me directed, or which I may lawfully execute, when placed in 
my charge, and return the same according to the best of my 
knowledge, skill, and judgment ; that I will, in no case, knowingly 
use or exercise my office illegally, corruptly, or unjustly, and that 
I will not, under any pretense, take, accept, or enjoy, any fee or 
reward pertaining to my office, other than such as are allowed by 
law, but that I will, in all things touching the duties of my office, 
demean myself honestly, fairly, and impartially, according to the 
best of my ability. So help me God." 

§ 626. He must likewise, at the same time, give bond and surety Must give 
in the sum of five hundred dollars, which may be for a greater or surety. 
less amount, according to the local law now or hereafter in force. 
He is liable for retaining; moneys collected, or otherwise failing to LiaWe as 

. . ° Sheriffs. 

do his duty, as Sheriffs are, and is subject to the same proceed- 
ings. 

§ 627. When a Coroner has to act in the place of a Sheriff, Addiuon- 

•n IT* n 1 T r^ • /-I al bond may 

generally or specially, the Justices or the Inferior Court may be required. 
require of him an additional bond, in such sum and with such 
sureties as in their discretion they may think sufficient to meet 
the contingency. 

§ 628. He is keeper of the jail, when the Sheriff is imprisoned Keeper of 
or absent from the County, leaving no deputy. 

§ 629. When a Sheriff is disqualified, and it does not appear shaii serve 
upon the face of the proceedings, or he, or his deputy, refuses to .Xt ca^s!"" 
perform a service, if any person makes affidavit thereof, the Clerk 
of the Court from which it issues shall place the process in the 
hands of the Coroner for execution, and may compel its return to 
his office for such purpose. 

§ 630. It is the duty of the Coroner to take inquests — shaii hold 

1. Of all violent, sudden, or casual deaths. wilarcasi'^ 

2. Of all deaths in prison, without an attending physician. 



132 PT. 1.— TIT. G.— CHAP. 4.— County ORGANrzATioi?. 

Article 3. — Coroners. 

3. Of all dead bodies found, whether of persons known or un-' 
known. 

4. Of all dead bodies of persons who have died or disappeared 
under suspicious circumstances. 

5. Of the dead bodies of persons of whom affidavit may be 
made, that they came to their death by violence or foul play. 

C). Whenever ordered by a Court having criminal jurisdiction. 

§ G31. They are authorized, in order to carry into effect the 

Maydisin- precedinor Section, to disinter any body already buried, and, like 

ter dead 1>^- ^ , . ^^ i i o ^ r-i f i 

dies. a bherm, to command the power oi the County tor that purpose. 

§ 632. If any person makes affidavit to facts to authorize such 

Person proceedins; by the Coroner, or the Coroner does so of his own 

davit subject motiou, and it IS done without srood grounds, or from malice or 

toindict- ' .° ^ ' 

menu mischicf, the person so swearing, or the Coroner so officiating, is 

subject to indictment, and if convicted shall be fined not less than 

On convic- ouc huudrcd dollars and imprisoned not less than thirty days. In 

fiaedandim^- such cascs all the circumstances shall go to the jury, and if they 

pnsone . ]3eiieye there were reasonable grounds for the disinterment at the 

time it took place, it is their duty to acquit. 

§ 633. Yf hen persons have come to their death by violence, and 
An inqnest thcrc arc witncsscs to it, and the person accused is under arrest 
and undergoes an examination before a competent tribunal, there 
need not be an inquest. 

§ 634. There also need be no inquest where persons come to 
Death by their death by accident or act of Grod, in presence of witnesses, 

accident or ^ "^ ' ^ 

tiic act of and there is no reason to suspect foul play and no person makes 
affidavit of facts raising such suspicions. 
Cost to be § 635. The costs of such inquests shall be paid out of the County 

paid by the n i 
County. funds. 

If the par- § ^'^^- ^^ ^^J pe^son is couvicted of murder or manslaughter in 
iLonvfcSi! 3. case where an inquest has been held over the body of the person 
make^ a*^part for slaying whom he is convicted, the costs of the inquest make 
viction. ' a part of the costs of the conviction, and must be so charged. 

§ 637. When there is no Coroner in a County, or he is absent 

Ajasiice from the County when needed, or will not or can not take an in- 

ofthe Peace t • r« i t» r^ 

may act qucst, any Justice of the Peace of the County may act as Coro- 
ner. 



PT. 1.— TIT. 6.— CHAP. 5.— County Okganization. 



1 oo 



Article 1. — Public Roacl«. 



CHAPTER V. 

BOADS, BRIDGES, FERRIES, TURNPIKES, CAUSEWAYS, 

CROSSINGS, ETC. 



Article 1. — Puhlie Roads. 

Article 2. — Road Commissioners and their Duties. 

Article 3. — Bridges^ Ferries, Turnioikes, and Causeways. 

Article 4. — Railroad Crossings. 

Article 5. — Private Ways. 

Article 6. — Mining. 



ARTICLE I. 

PUBLIC ROADS. 



Section. 
' 638. What roads are considered puIdHc. 
639. Shall be thirty feet wide. 
540. Bi-idges and Causeways, 16 feet wide. 

641. Districts laid out, etc. 

642. Roads and Districts to be registered. 
,643. How laid out or altered. 

644. Notice of application advertised, etc. 
.645. Holders of land — how notified. 

646. Road5 established, etc^ 

647. Application must be in writing. 

648. Laid out the nearest and best way. 

649. Persons subject to road duty. 

650. AVhat roads to be worked. 

651. Number of days reoiuired to work. 

652. Lists of hands to be furnished. 

653. Must be summoned one day. 
'654. What the notice must contain* 
655. Duty of the overseer, 

'656. Sudden obstructions in roads. 

657. Special working to be deducted, 

658. Defaulters fined one to three dollars. 

659. Extraordinary implements. 

660. Road may be apportioned. 

661. Persons to whom road apportioned. 

662. Applicant refusing to accept. 

663. Failing to work after acceptance. 

664. Complaint against Commissioners. 



Section. 

665. Defaulters may file excuse. 

666. Executions against defaulters. 

667. Fine mones' — how appropriated. 

668. Constables collecting, etc. 

669. Lien of ^. fa. 

670. Timbers used for road purposes. 

671. Public roads measured and posted. 

672. Sign-boards to be put up nt forks. 

673. Failure to put up posts, etc. 

674. Overseer may be indicted. 

675. Railroad hands — how exempted. 

676. Land owners aggrieved, etc. 

677. Persons claiming damages, etc. 

678. Trial — how conducted. 

679. Notice to Justices, etc. 

680. The time and place of meeting. 

681. Objections to jurors. 

682. Continuances, etc. 

683. Mistrial. 

684. Certiorari. 

685. Final judgment and payment. 

686. Value of the land — how estimated. 

687. Consequential damages. 

688. Overseer may be fined. 

689. Altering or obstructing public roads 
,690. By a fence or tree. 

691. Main streets in towns or cities. 



§ 638. All roads laid out for public use by an act of the Gen- PubUeroad= 
eral Assembly, if not otherwise provided, or by an order of the 
Justices of the Inferior Court, are declared to be public roads. 

§639. They shall be cleared of all trees, stumps, grubs, and shaiibe 

_, I f% ITT £> thirtv feet 

bushes, at least thu'-ty feet wide, and oi such limbs ot trees as wide! 
may incommode horsemen or carriages : stumps must be cut as 



lo4 FT. 1. — TIT. 0. — CHAP. 5. — County Organizatton. 



Article 1.— Public Roads. 



nearly even with the surface as possible, and the carrio,ge track; 
must be at least five feet six inches wide. 

§ 640. All bridges or canseways over small water courses, and 

Bri.isres causcwavs ovcr swamps or low lands, shall be made and kept in 

wayi ' repair by hands subject to work on roads ; the pieces shall be 

Shall bo laid across the road at least sixteen feet long, well secured, made 

sixjoenfeet ^^^^^^ ^^^^^ covcrcd with earth. 

§ 641. The Justices of the Inferior Court must lay off their re- 
Road iH?- spective Counties into road districts, and apportion the roads and 
and hands hauds SO as to dividc the labor and expense on account of road^j 
causeways, and bridges, equally throughout said Counties ; all of 
which proceedings must be entered on the minutes. 

§ 642. They must cause their Clerk to keep registered, in a 
Public book in his office, a list of all public roads and road districts in 

roads and 

road districts the Countv, to bc added to and corrected from time to time, as 

to be regis- . . 

tered. ncw roads or new districts are laid out, or old ones altered or 

discontinued. 

§ 643. On application to them for any new road, or alteration 

Pnbiic in an old road, they shall appoint three Road Commissioners, re- 
roads — bow / •' J. J. ^ ^ 

laid out or sidincr as near where such road is intended to pass as possible, and 

altered. o ^ ... r r ? 

if they find it of public utility they must proceed to mark it out, 
and make their report under oath to such Justices that it was laid 
out and marked conformably to law. 

§ 644. If such Justices, on the investigation had, are willing to 
Notice of jrrant such road, or make alteration in an old road, they shall 

application '^ ' ^ ^ ^ 

mustbead- causc the Clerk to publish a citation for thirty days at the door of 

vertiscd for ^ _ >/ %i 

thirty days the Court Houso, and in a public gazette, if there is one in the 
County, giving a particular description of the new road, or the 
alteration, notifying all persons that on and after a certain day 
therein named, said new road or alteration will be finally granted^ 
if no good cause is shown to the contrary. 

§ 645. All persons, their overseers or agents, residing on land 

Persons In wliicli such road pioes throuffh, except the applicants for the road 

possession to . "-' o .< x i i ^ 

be notified, or alteration, must be at the same time notified in writing, per- 
sonally, or by leaving it at their most notorious place of abode, 
that they may put in their claim for damages, or forev^er after be 
estopped. 

§ 646. All public roads established without a substantial com- 

Void roads, pi iance with the provisions of the last named Sections, are void. 

§ 647. Applications for the discontinuance of an old road, in 



PT. 1..— TIT. 6.— CHAP. 5.— County OurjANizATiON. 135 



Article l.—Public Hoads. 



whole or in part, must likewise be made to such Justices in wri- Appiicaiioa 

jnuht be ia 

ting, and likewise publislied, before it shall take effect. writing. 

§ 648. All public roads shall be laid out the nearest and best , , ,^f"»t be 

^ , , lal'l out th« 

way to the place to which they are intended, and as little as can {J^'^"^* ^'"^ 
be to the prejudice of any private person's enclosed grounds. 

§ 649. [All male inhabitants, white and black, in this State, reraona 

^ ^ ^ ' ' ^ ' subject to do 

between the ages of sixteen and fifty years, are subject to work r^^^'i duty, 
on the public roads, except ordained or licensed ministers or 
preachers of the gospel, professors of any college, or teacher of 
any County or public school in this State, so long as they are 
engaged in teaching, and such other persons as are specially ex- 
empted.] (a) 

§ 650. The same road hands shall not be compelled to work on on what 
more than one public road, which must come within three miles compelled to 

. , . . , work. 

of their residence, except in opening a new road, when all the 
road hands of the road district are subject to work upon it. 

§651. Road hands are not required to work exceeding five Notreqmr- 
days at one time consecutively, nor more than fifteen days alto- more thau 

*^ . '' . -^ . five days. 

gether, in twelve months, unless sudden emergencies require the 
immediate repairing of the roads, causeways, and bridges within 
their respective districts. 

§ 652. The several manao-ers or employers of male Tpersons of Austof 

o 1 »/ Li hands to be 

color] (b) shall, whenever required, furnish the overseers of the furnished. 

road district, with a list, in writing, of those who are liable to 

work on the public roads, signed by them, under a penalty of Penalty for 

. refusinsr. 

paying three dollars for each male [person of color] (b) so liable 
to road duty and whose names are not furnished, to be collected 
as fines for not working the road. 

§ 653. Overseers of roads in their respective districts shall sum- iiamisto 

T, Til 11 ' ^ ' t ^' • 1 ^^ summon- 

mon all persons liable to road duty witnm the district, at least ed one day. 
one day before the time of working. 

§ 654. Such summons must state the road to be worked, the ^tat the 

notice must 

time and place for meeting, and the implements required. contain. 

§ 655. Such overseers shall superintend the working on the overseer 
roads assigned them by the Commissioners, cause the same to be 
worked and repaired in the best possible manner, and make a re- 
turn thereof to the Commissioners in writing, within five days Defaulters 
after each time of w^orking, of all defaults and deficiencies which eS. '''^^"^^" 
may have taken place. 

(a) Acts of 1865-6, pp. 23 and 78, and Acts of 1851-2, p. 282. (b) Acts of 
1865-6, p. 23. 



4 

180 TT. 1.— TIT. C).— CHAP. 5.— Couis^tt OrvGANizATiON. 

Article 1.— Public Roads. 

§ G5l>. "When any road, or bridge, or causeway, may become 
K.vuKetc^ suddenly impassable, it is the duty of such overseer to call out as 
comJn- im- mauv liauds as necessary to repair tiie same, alter j^ivms^ one 
day s notice. 

§ 657. They shall take notice of the time such hands are em- 
Timo of plovcd ou such spccial workino;s, and shall excuse them from road 
inctobedo- (jiity an equal number of days out of the whole number all hands 
are required to work during the year. 

§ 658. Every individual liable to road duty who, being duly 
Defimiters summoncd to work, shall neglect to obey such summons, and to 

to be fined ? & j j 

not lessthan carry the implements as ordered, or, appearing with or without the 

$1 nor more •^ ^ 7^^110 

than $3. implements, neglects or refuses faithfully to work, [shall be fined] 
(a) not less than one nor more than three dollars for every day he 
or they fail to work, [or be imprisoned at the discretion of the 
Commissioners.] (a) 

§ 659. If any other instrument than ordinary farming tools 

Extraoru- aTC ncccssary to keep the road in repair, the overseer may receive 

ments— how them in exchange for the labor of hands, or may apply to the 

Justices of the Inferior Court, who may authorize him to contract 

for such as may be necessary, and pay for the same out of the 

County Treasury. 

§ 660. When a person liable to road duty makes an application 
Pubiicroads to the Road Commissioners for a proportion of road for himself 

may be aji- . -^ , 

i.oinfed to and hands to work on and keep in repair, they shall parcel off 

appliciinte. ^ ^ i / t/ X 

to each applicant some equal and just portion of said road, to be 
increased or diminished according to the number of hands, and to 
\ be judged of by the Commissioners. 

§ 661. Persons to whom portions of roads are thus apportioned 
Dntyofper- must make annual returns to their respective Commissioners, 

sons takinf: 

fi portion of -vvhencver they require them, of the number and names of their 

thj r<»ad to -^ ■'^ ' 

w<-"-i«- hands liable to road work, and after they have received and put 

in good repair their respective portions, such hands shall not be 

transferred to any other part of the road, or compelled to do any 

other road work, so long as they perform their work satisfactorily 

to the Commissioners. 

Persons re- § ^-^^2. If the applicants do not accept the portion of road as- 

cept"V^po?'- signed them by the Commissioners, they must still work in com- 

roSia? ^^^ mon with the other hands of their road districts. 

(a) Acts of 1865-6, p. 23. 



PT. 1.— TIT. 0.— CHAP. 5.— County Organization. 137 
Article 1. — Public Roads. 

§ 663. If, after having accepted such portions, they neglect to penalty for 
keep them in good repair, they are liable to all the penalties and y-<-cu^ »ach 
forfeitures to which Commissioners are liable for neglect of duty, 
besides the usual road fines on the hands. 

§ 664. If such Commissioners assio;n any person a portion of Complaint 
road thus to work, which, taking into consideration his number of misaioners. 
hands as compared to the number liable to do road duty on such 
road, is not an equal share of the labor, any white male road 
worker of the same road and district may complain to the Jus- 
tices of the Inferior Court at any time, and on giving such per- 
son three days' notice thereof in writins;, such Justices may sum- Three 
marily hear all the evidence, and if they believe the complaint is 
just, they shall revoke such grant by the Commissioners, and so 
have them instantly informed by their Clerk. 

§ 665. All defaulters must file their excuses, if any, on oath be- i>c-fauiters 

, i^ay file ex- 

fore the Commissioners, who must meet at some place within the ^^^^ 

district for fining defaulters, of which place of meeting they shall 

give ten days' notice, in writing, at one or more of the most pub- sionersmast 

lie places in the district, and no other notice shall be necessary, 'lays' notice. 

§ 666. Such Commissioners must issue executions under their Executions 

fiiTHinst de- 

hands and seals [or their warrants of arrest, as the case may be,] tauiters. 
(a) against each defaulter who fails to render a good excuse, di- 
rected to any lawful Constable, who shall levy and collect the 
same as executions issued from the Justices' Courts [or, as the 
case may be, arrest the defaulter and bring him before the Com- 
missioners to abide the judgment of the same.] (b) 

§ 667. When such fi. fas. or warrants are collected within ten Fines— 
days tnereaiter, the amounts must be paid to any one oi tneedof. 
Commissioners, one-half of which shall be paid to the overseer 
having had charge of the hands fined ; the other half to the County 
Treasurer, to be used in the building or repairing of bridges. 

§ 668. If Constables neglect their duty in collecting such fl. constables 

^ \ o J may bo ruled 

fas., or fail to pay over the money, [or fail to make such arrests 
and bring the parties arrested before the Commissioners, they 
shall be subject to rule and suit at the instance of such Commis- 
sioners, as though the fi. fas. or warrants had issued from a Jus- 
tice's Court. In all cases where executions may be issued against 
road hands in the employment of others, notice to the employer 

(a) Acts of 1865-6, p. 23. (b) Acts of 1865-6, p. 23. 



138 FT. 1.— TIT. 0.— CHAP. 5.— County Organization. 

Article 1. — Public Roads. 

of the existence of such execution shall have the force and effect 
of a garnishment, and shall operate as a lien on what is due or 
to become due from such employer to such employee, and may he 
collected as in cases of garnishment.] (a) 

§ 609. The liens of such judgments are the same as any other 

Lien of judgment, and claim according to their priority in the distribu- 

er""" judg- tion of money, except that no property is exempt therefrom, and 

if illegalities or claims are interposed, they must be returned as 

orcliim!^'^' though issucd from a Justice's Court in which the road district is 

situated in whole or in part. 

§ 670. Overseers are authorized to make use of any timbers for 
Timbers tlic usc of the roads, and may make contracts ■yyith owners of 

may be used ... 

land for other timber, if indispensable, and if they disagree as to 

the value, the overseer shall appoint one arbitrator and the owner 

another, who, without further formality, shall assess the value, 

Timber for and if they disagree, to call in an umpire, whose decision is final. 

sestofe"paid Tlic valuatiou SO awarded must then be reduced to writing and 

tain cases, signed by the arbitrators, and upon the production of the same, 

with a certificate of the overseer that he used the timber assessed, 

must be allowed by the Justices of the Inferior Court and paid 

out of the County Treasury. 

§ 6T1. They shall measure all that part of the road to which 
Roads to they may be appointed, beeinninor at the Court House, and at the 

be measured *' -^ ••■/^ ' to » ' ^ 

end of each mile set up a post or mark on some conspicuous 
place, which shall designate the number of miles from thence to 
said Court House ; and the overseer in the next adjoining dis- 
trict shall likewise begin to measure and mark at the last mile 
Mile posts post in the district thus measured ; but when such district shall 
end at some County line, he shall, by some post or mark, desig- 
nate the distance from such County line to their respective Court 
Houses. 

§ 672. They shall, at the fork of each public road, place, in 
Sign-boards somc Substantial and conspicuous manner, a board or other mark, 
designating thereon the most public place to which each road di- 
rects; and if any road is altered so as to make the fork at some 
other place, or as not to make necessary such sign-boards, they 
shall be removed and replaced, or either, if necessary. 

§ 673. If any overseer fails to comply with the provisions of 

(a) Acts of 1865-6, p. 23. 



PT. 1.— TIT. 6.— CHAP. 5.— County OitGANizATiON. 189 



Article 1.— Public Roads. 



the two immediately preceding Sections, he forfeits not exceeding f.^,il!^^%^^^^ 
fifty dollars, to be imposed and collected as other fines against him. Ki»I'^"'^ 
§ 674. If any overseer omits to do his duty with respect to the f.^^^ll'71!;^-^^ 
roads, bridges, and causeways under his charge for as much as^'"'^"^^- 
thirty days from the time the necessity for any immediate work 
occurs, unless hindered by extreme bad weather or other provi- Mayboin- 

^ ' -^ ^ ■■■ dieted. 

dential cause, he shall be indicted for a misdemeanor, and, on con- 
viction, shall be fined or imprisoned, at the discretion of the Court, 

' . . . I Liable for 

and is also liable for all damages at the suit of any person injured damayoa. 
by such omission. 

^ 675. Hands liable to road work employed as laborers on the , Kaiimad 

'^ i »/ hands ex- 

line of any railroad of this State belonging to an incorporated fn-l25o'S 
company, or by any contractors constructing railroads, are ex- ^^^• 
empted from work on the public roads, ^provided the public road 
overseer having charge of them respectively is paid [two dollars 
and fifty cents] (a) per day for each hand so liable, which money 
shall be expended in hiring hands to work on the roads. 

§676. When any person shall feel afir^rieved by any road pro- Landtow- 

^ ^ X oo »/ ./ ^ ^ ers acrgriev- 

posed to be laid out through any of his land, unless otherwise eti— iiow re- 
provided in the charter thereof, or some special law, he may 
petition in writing the Justices of the Inferior Court, either of 
whom shall direct their Clerk to issue a warrant under his hand, 
directed to the Sheriff of the County, to summon from the vicin- 
age a jury of freeholders to try such question of damage, who shall . Tnai by 
be sworn by some Justice of the Peace to truly and impartially 
assess any damage the owner w^ill sustain by means of such new 
or altered road, and said Justice shall preside over their delibera- 
tions. 

§ 677. No person is competent as a luror who claims any damage incompe- 

r r o ^ JO tency of ju- 

of the County or person for the sanie or any similar road, or who ^^^s- 
would be disqualified if the trial was before the Superior Court. 

§678. The iury shall inspect the road and land in person, Tmi— how 

^ o J i. 17 conducted.. 

unless already familiar with them, and swear any witnesses that 
the owner or any person on the part of the County may offer, as 
to their opinion of the damages sustained. 

§ 679. The Sheriff shall notify the Justice of the Peace and /"-^^^^ 

^ «/ a n d E. o a a 

the Road Commissioners of the district where the road lies, and^^^^^^^^- 

' sioners to bo 

the owner of the land, the day and place of trial, and shall notify ^^^^*^' 

(a) [Acts of 1863-4, p. 47.] 



b 



140 PT. 1.— TIT. C>.— CHAP. 5.— County Organization. 

Article 1.— Public Roads. 



Lan 
ore Ml 



uWi"'- ^^ fittend then and there, as witnesses, any persons he may be 
no>s<;s to be requested to by such Commissionera, or the owner. 

DfUItOU. 1 »' ' 

§ I) SO. lie shall fix the time and place, the time not less than 
Sheriff five nor more than twenty days, and the place as near the land as 

ahall fix time , , i i . • i 

and i.Jaco of the proper house-room can be obtained. 

§681. At the trial any person in interest may object to the 
objiHTtions impanneling of any juror for cause, and if from this or any other 
o an>rs. ^.^^^q thcro are not twelve jurors impanneled and sworn, the 
Sheriff must proceed to procure tales jurors. 

§ (382. The trial may be postponed or continued from day to 

Trill umv 

be i>o'stpou- day until completed, and if the Justice of the Peace summoned to 
Justice attend should fail to preside, the Sheriff must supply the vacancy, 

CailiniT to at- .^ n i.i T j. • i. 

tend. II necessary, irom some other district. 

§ 683. If a mistrial occurs the Sheriff shall proceed de novo 
Mistrial, to suiumou Other jurors, and all the proceedings shall be as at 
first, and so on until there is a verdict. 

§ 684. The judgment in such cases may be certioraried by the 
Certiorari. Couiity or the owncr of the land, as in certiorari from forcible 
entry and detainer trials, and if a new trial is ordered, they shall 
proceed to procure a trial as previously. 

§ 685. When such judgment becomes final, all the papers apper- 
Finaijudg- tainino; thereto must be filed in the Clerk's ofiice of the Inferior 

ment. ^ 

Court; the Justices thereof must grant an order for the damages as- 
howpaid sessed in favor of the land owner, but if such Justices are satisfied 
that such damages transcend the utility of such road, or that part of 
it, they may revoke the road altogether, or order the same altered 
80 as to avoid the land so damaged, or make the owner an offer 
of such compensation as they may think just. 

§ 686. In estimating the value of land when taken for public 
Value of uses it is not restricted to its agricultural or productive qualities, 

Und —bow . Ill ^ • ' 

eaUmated. but inquiry may be made as to all other legitimate purposes to 
which the property could be appropriated. 

§ 687. Prospective and consequential damages resulting there- 
Conseqnen- from may be also taken into consideration, if the same are plain 

tial damages , ^ . , , , iitt* r>i t 

and appreciable, and on the other hand the increase or the value 
of the land from the proposed public improvement may be con- 
sidered, but in no case shall the owner be deprived of the actual 
damages by such estimated increase. 
Overseer § ^^^- I^ ^-uy ovcrscer, within twelve months after his appoint- 
dfltj^t^^' ment neglects faithfully to discharge the duties required of him, 



PT. 1.— TIT. 6.— CHAP. 5.— County ORrUNizATioN. 



141 



Article 1.— Public Roads. 



Fine fl not 
less than 
$'io nor 



he is subject to a fine not exceeding fifty dollars by the Commis- Fi.-.o im- 
sioners under whom he serves, who shall notify him of his neglect, Sccttd'.'' 
and unless a good excuse is rendered to them within twenty days 
from the time of such notice they shall issue execution for the 
fine assessed. 

§689. If any person shall alter any public road or cut any Altering or 

-. • d i. ^ J I ^ J obstructine 

ditch across, or alter the location of any bridge, or make any pabiicroa<L 
new bridge necessary by his act, without first obtaining an order 
therefor, he is guilty of a misdemeanor, and on conviction thereof 
shall be fined not less than twenty-five nor more than one thousand 
dollars, and shall be liable besides, by suit, for all damages any ^/JJiJij.'^^^^ 
person may sustain thereby. 

§ 690. When any person shall make any fence or cut any tree, obatruc- 

. . . tions by a 

or make other like obstructions in or across any public road, f^nce or tree, 

'' ^ , if not re- 

which is not removed in two days and a safe and convenient way, moved. 

at the time of the obstruction, made for travelers, he shall pay a 

fine of twenty dollars for each obstruction, to be recovered by , ^J^^ $20 

<J ^ J for each ot- 

execution issued by the Commissioners, as in cases of road fines, ^'^^s^- 
and shall be liable for any damages caused by the obstruction, 
from the first to the last, if the person injured used ordinary 
caution. 

§ 691. And when the main streets of an incoroporated town or , streets la 

" ^ towns cr ci- 

city continue in a state of nesilect for three months, the Justices *'f^^^?i5^*' 

t/ o ' ed for three 

of the Peace therein are, by virtue of their office. Road Commis- ^^^^^^^ <^*<^- 

. •Till Justices to 

sioners, and shall appoint overseers, apportion the hands that fiet as Eoad 
would be liable to road duty throughout the town, have the streets sioners. 
worked on, as though they were public roads, and must, in every 
other respect, perform the duties of Head Commissioners, and for Maybe 
neglect of any other duty, or violation of any of the road laws, neglect''' 
are liable to fine as such Commissioners. 



ARTICLE II. 

COMMISSIONERS OF PUBLIC ROADS. 



Section. 

692. Three for each district. 

693. How appointed. 

694. Compelled to serve unless excused. 

695. Must be notified within ten days. 
698. Clerk failing to give such notice. 

697. Exempt from patrol and militia duty 

698. Duty of Commissioners generally. 
399. Persons exempt from road duty. 



Section. 

700. Pay of overseers. 

701. Proceedings against for neglect. 

702. Failing to appear when cited. 

703. Executions against Commissioners. 

704. A public road being a district line. 

705. Necessarj' books shall be furnished. 

706. Certificate of discharge. 



142 PT. 1.— TIT. O.—CHAP. 5.— County Organization. 

Article 3. — Commissionei-s of Public Roads. 

§ (302. There shall be three Commissioners for each road district, 
Three Com- any two of "wliom may act, and in case there is only one in a dis- 

missionors •^ . 

for each dis- trict, that one is invested with all the powers of the three until 

trior — two ^ 

majact. ^J^^, vacancies are filled. 

§(393. Such Commissioners are appointed or re-appointed by 

commis- the Justices of the Inferior Court, biennially at their first meet- 
si oners — - . 
how apjwin- jng of thc ycars oi the apponitments, and, whenever necessary, 

to fill vacancies at any time. 

§ G94. Those thus appointed are compelled to serve, unless 

Comi>ciiod excused by such Justices, who shall receive for such excuse provi- 

to serve, i < • i i 

dential cause only. 

§ 695. As soon as appointed, they shall be notified thereof in 
Must be \\'ritinf^ within ten days thereafter by the Clerk of the Inferior 

notified in^ . . 

writing Court, and II such appointees do not, within ten days alter receiv- 

•withinten ' - n^ \ • ... ^ ^^ . . 

days. ing such iiotice, file their excuse m writing, under oath, m such 
Clerk's office, they shall be considered as having accepted. 

§ 696. If a Clerk fails to give such notice, he is guilty of a con- 
famn'^crSno^ tcmpt, and shall be by such Justices fined twenty dollars for each 

tify ^ Com- necrlect. 
missioners. ^'^o^^'^'-' 

§ 697. Such Commissioners, while in office, are exempt from all 

-y, patrol, militia, and other road duty. 

§ 698. It is their duty — 
. ^^!r"lS^^8t ^' -^^ appoint, within fifteen days, one or more persons in their 
crseeVs! ^^' I'Gspective districts as overseers of the road. 

2. To apportion the roads and hands under their charge at the 
Apportion samc time as equally and fairly as possible, and to furnish the 

several overseers with a list of the roads and hands under their 
respective charge. 

3. To hear and determine upon all cases of default or other 
Try dc-faui- violation of the road laws within their jurisdiction (if not indicta- 
ble only) at a Court to be held by them twenty days after every 
road working, or as often as emergencies may require, and to 
issue executions or other process against the convicted. 

4. To keep a book in which to enter — 

First. The several hands in their respective districts subject to 
Names of road duty ; to what roads and what parts thereof assigned, and 

road hands to . , . . . ^ . 

be register- under what oversccr ; changing and correcting it from time to 
time, as may be necessary. 

Second, A list of all defaulters and persons fined, the amounts 



Eoad Com- 
missioners 
exempt, etc. 



PT. 1.— TIT. 6.— CHAP. 5.— County Organization. 143 



Article 3. — Commissioners of Public Roads. 



lined, amounts paid, what disposition made of the money, what a ]i»t of 
executions issued and unpaid. ttc. 

5. To pay to the County Treasurer, as soon as collected, that Dinpo^ji- 
portion of the fine money belonging to the County, to be used in ncy ndse'i 
the repairing or building of public bridges and causeways, and 
annually, on the first of December, to report to the Justices of 

the Inferior Court the condition of the public roads and bridges uon of pU- 
in their respective districts, the state of the finances, what execu- bridges, 'etc! 
tions are outstanding unpaid, and their condition. 

6. To inspect, from time to time, the public roads, bridc^cs, and , , v.o&ds. 

-■■ -' ' ^ . budges, and 

ferries within their districts, notice the character of the repairs, f^^rrks to be 

' ^ ^ ^ ' inspected. 

and observe if such road is regularly posted and direction boards 
put up as required by law, and if said bridges and ferries are in 
proper repair. 

7. To exercise a general supervision over their respective over- commis- 

^ sioners' gen* 

seers, and to fine them for neglect of duty, and to see that persons erai duty. 
are indicted for the offenses set forth in the road laws. 

8. To administer all oaths, relative to the road laws, connected 
with their duties. 

§ 699. In making up the list of road workers, they must not Ministers, 

. ^ . . T >} teachers and 

include the following: description of persons, who are exempt from others es- 

, , empt from 

such duty — viz : Licensed ministers, teachers and students of col- ^'^-^ ^^^^'^y- 
leges and schools, keepers of public grist mills, public ferrymen, 
keepers of toll bridges, turnpikes, causeways, and plank roads, 
engineers and white persons in charge of cars or trains running 
on railroads, officers of the United States, this State, or any 
County thereof, and all others exempted by any special law. 

§ 700. They are authorized to pav overseers one-half of the Overseer of 

•^ ^ i ./ roads paid 

fine money as compensation to him as informer. ^s informer. 

§ 701. rWhenever the Grand Jury in anv County in this State Proceed- 

^ ^ ./ »/ lj,2:s asrainst 

ion* 
eg- 



shall present any Road Commissioners for neglect of duty generally, comrafssi 
or in any particular, it shall thereupon be the duty of the Clerk lectofduty. 
of the Court to issue a summons in writing, directed to such Com- 
missioners, commanding them to be and appear at the next term 
of the Superior Court in which the presentment is made, to answer 
the accusation of the Grand Jury, which said summons shall be 
served by the Sherifi" upon the Commissioners at least twenty days 
before the Court to which the same is returnable ; and if, upon the 
investigation af the case, it shall appear that the accusation is 
made out by the proof, the Judge shall thereupon impose upon 



144 



PT. 1.— TIT. 0.— CIIAr. 5.— County Organization. 



Article 2. — Commissiouers of Public Roads. 



such Commissioners a. fine of not less than fifty dollars nor more 
than two hundred dollars.] (a) 

§ 702. If they have been duly cited and served, and fail to 
appear, tlie Court may proceed ex parte. 

§ 703. The Clerk of the Court is directed to issue executions 
against them for the fine and costs, which shall be executed by 
the Sherift'. The lien of such executions, and the property subject 
thereto, are the same as those against defaulting road workers. 

§ 704. AYhen any public road may be on a road district line, 
and the Justices of the Inferior Court have not specially assigned 
it to any particular district or set of Commissioners, the Commis- 
sioners of each district shall co-operate in arranging the hands 
and appointing the overseers for such road. 

§ 705. The books such Commissioners are required to keep 
must be furnished by the Justices of the Inferior Court at the 
expense of the County, and out of the road money, if any, and 
when full must be deposited in the office of the Clerk of the In- 
ferior Court. 

§ 706. After the Commissioner has faithfully served through 
the term of his appointment, he may obtain from the Clerk of the 
Inferior Court a certificate of such fact. 



FaiUn? to 
appcw. ^ 



Exooutl-»n 
to issuo bv 
tlie Clerk of 
the Inferior 
C-iuirL 



A puhrio 
road hciiig a 
district liue. 



Books sliall 
be furnished 
by Inferior 

Court. 

Shall bo 
deposited in 
Clerk's of- 
fice. 



Certificate 
of di«char;re 
— by whom 
granted. 



ARTICLE III. 



BRIDGES, FERRIES, TURNPIKES, AND CAUSEWAYS. 



Section. 

707. Public ferries, bridges, etc. 

708. Regulations concerning the same. 

709. Erected for benefit of the County. 

710. Power and duty of Inferior Court. 

711. Condition of contractors' bond. 

712. Bond must be approved. 

713. Additional bond may bo required. 

714. Roads, bridges, etc. 

715. Contractor failing. 

710. Defendant resisting payment. 
717. Contractors incompetent as jurors. 
71S. Bridges, etc., crossing County lines. 
710. County refusing to contribute. 

720. Toll bridges crossing County lines. 

721. Private bridges, etc. 

722. Distance in such cases. 

723. Rates of toll to be posted up. 



Section. 

724. Land owner ma-y erect a bridge, etc. 

725. Excessive rates shall not be charged. 

726. Rates to be examined annually. 

727. Persons making excessive charges. 

728. Fords, bridges, etc. 

729. Public bridges, etc. 

730. Proprietors liable for neglect. 

731. County — when liable for damages. 

732. Persons detained at public crossings. 

733. No toll after expiration of charter. 

734. Owner of private ferry, etc., liable. 

735. Breaking toll gate, etc. 
73G. Right of way. 

737. Grant to land — what passes. 

738. Grant for a ferry. 

739. Value of land taken— how. 



(a) Acts of 18GG, p. 18. 



PT. 1.— TIT. 6.— CHAP. 5.— County Ohganization. 145 



Article 3. — Bridges, Ferries, Turnpikes, and Causeways. 



rmittod by any act of tlio General AsHembly, if not other- r>''«,' cau«o- 

>} '' ^ . . wuy», etc. 

provided, or by order of the Justices of the Inferior Court, 



§707. All brid<2;eH or ferries, turnpikes or eauscways, erected I'uf'Hc 
or per 
wise pi 
for public purposes, are declared to be public. 

§ 708. Thej are divided— 

1. Those established by the County which are free to every Bruh^bR, 

•^ "^ "^ fcrru-9, etc. 

one. 

2. Those established by the County where toll is charged gen- 
erally or specially. 

3. Those established by individuals under the authority of law 
or by virtue of a prescriptive right. 

4. Those established by individuals without such rights, who 
accommodate the public or any portion of them for compensation. 

§ 709. The Justices of the Inferior Court may put a ferry or Justicesin- 

11 TTi ni'ir> Ti n ^^'■''^'^ Court 

causeway, or both, or may establish a toll bridsi;e tor the benent rnay ostab- 
of the County ; but when on any such County bridge, ferry, or fitoicoumy. 
causeway, toll is charged, the County is liable as individuals own- 
ing them, and the owners of lands must be compensated as in 
other cases. 

§710. The Justices of the Inferior Court of the several Coun- Power of in- 

^ ^ . ferlor Court 

ties have authority — over public 

I)ri(I^'6S ft^F" 

1. To appoint the places for the erection of public bridges, rit's." cause- 
County ferries, turnpikes, and causeways, and to make suitable 
provision for their erection and repairs by letting them out to the 
lowest bidder, hiring hands, or in any other way that may be for 

the public good and agreeable to law. 

2. To require sufficient bond and good security for the faithful undertaker 

^ o »/ to give bond. 

performance of all such works and contracts, and to indemnify 
for all damages occasioned by a failure so to do. 

3. To license any person to establish such bridge, ferry, turn- License to 
pike, or causeway, not exceeding ten years, which may be re- ^^ ^ 
newed at the expiration thereof. 

4. To fix the rates of toll for crossing any such where the toll Eatesoftou 
can lawfully be charged, and regulate those previously estab- 
lished or that may afterwards be established, so as to conform to 

what is both reasonable and usage on such water courses, pro- 
vided such charges are not specially regulated by the General 
Assembly in some act of incorporation to the exclusion of such 
Justices. 

5. To exercise a general supervision over such, and see that 

10 



14G FT. 1.— TIT. G. — CHAP. 5. — County Organization. 



Article 3.— Bridges, Ferries, Turnpikes, and Causeways. 



G«nerAi they avc kept in proper order and properly attended to, and to 
over puMio i-eqiure from time to time, us tiie occasion may demand, sulncient 
rio«,eic/ bond and good security from the proprietors thereof, conditioned 
for their keeping in repair a sufficient and safe bridge, flat rope, 
turnpike, or causeway, and all other appointments necessary for 
a irood ferry and competent and faithful attendance by day and 
niixht, and to indemnify the public against all damages by reason 
of a failure so to do. 

§711. When a public bridge, ferry, turnpike, or causeway, is 
Condition let out, the coutractor must, in his bond, make a condition also to 
of contrac- keep it ill good repair for at least seven years, and as many more 
years as the contract may be for. 

§ 712. All bonds taken from contractors or proprietors must 
Bond must be approvcd by the Justices of the Inferior Court, filed in the 
^^''^°^^'" office of the Clerk of the Inferior Court, and by him recorded in 
books kept for that purpose. 

§ 713. If when an additional bond is required, it is not given 
Additionsi -^ithin ten days from the time the proprietor, or his agent, is noti- 
reqoired. gg(j \yj ii^q Clerk of the Inferior Court, the license must be re- 
voked. 

§ 714. When any such work shall require repairing, it is the 
Roads, duty of any one or more Hoad Commissioners in whose road dis- 

bridjes, etc , "^ "^ 

tobekeptin trict the samo is, to ffive notice in writing: to the contractor, or 

repair. 70 o 7 

one of his sureties, stating the repairs necessary to be made, and 
requiring them to be done within a reasonable time, stating the 
time. 

§ 715. If such repairs are not made within the time required, 

Repairs ^ 1 x ' 

by whom to they shall employ some other person forthwith to make them, and 
upon report to the Clerk of the Inferior Court of their cost, he 

Contractor , „ . . . , 11.. 

failing, exc- shall issuc an execution ao;ainst such contractor and his sureties 

cution may ^ 

Issue against for the exponsc of such repairs and the costs, 

§ 716. If the defendant resists the payment of said execution 
If defend- at law, it must be returned for trial by iurv, if demanded, either 

ant resists ' ^ J o v i 7 

payment of to the Justiccs' Court of the district where the defendant resides 

such execu- 

tried ^''^ upon whose property the levy is made, or to the Superior Court 

of the County, according to the principal amount thereof. 

§ 717. Persons who have undertaken the building or keeping 

Contrac- in repair any bridge, ferry, turnpike, or causeway, or are surety 

be Road f(;^ such porsous, cau not be Road Commissioners of the road dis- 
co m m i s - ^ ' 

sioners. ^rict which cmbraccs such, and if, after having been appointed. 



PT. 1.— TIT. G.— CHAP. Tj.— County Oiiganizatiox. 147 



Article t^.— Bridges, Ferries, Turnpikes, and Causeways. 



they become such contractor or surety, tlio Justices of the Infe- 
rior Court must dechxrc a vacancy and appoint some other persons 
in their stead. 

§ 718. When a bridge or ferry is necessary over any water ^ ^/'''l^.^f''; 
course which divides one County or more Counties from each other, county line;; 

•z ' to be kfpt 

each County must contribute cqu;illy toward the building and [".^ J^y ^^e^ 
keeping the same in repair, or in such proportion as would be just, •J'^in'-^y- 
taking into consideration the taxable property of each, and the 
amount expended by each in the construction of bridges and other 
pas sways. 

§ 719. If any County refuses to undergo its fair proportion of The rcme- 

'^ <j *j o X J. (]y when one 

such expenses, the other County or Counties may construct \\iq ^^^^^'^yf\ 
work, compel the other to contribute by suit, and until such con- t^i^'^'-e- 
tribution takes place, may have exclusive control thereof, and 
charge toll thereon against all the citizens of the refusing County. 

§ 720. The toll bridges or ferries over water courses makinp; Toiibrkjjres, 

J^ ^ _ '=-' etc., crossing 

County lines, may be licensed by either County, and in such cases County lines 

./ -' i/ e/ %j ' may be li- 

the bonds must be approved, filed, and recorded in the County "^^^^^^^ "^^ 

where the license is granted. 

§ 721. No private ferry charging toll shall be established on no private 
any water course within three miles of where public bridges are be estabusii- 
previously erected and kept up, but bridges may be erected at the three miies 
public expense at places on the same stream, other than those bridge. 
where bridges are previously erected, if not violative of any spe- 
cial provision of the law. 

§ 722. When exclusive right is granted to any person to pre- Distance— 
vent others irom erecting bridges or terries, or the like, witnm a ted. 
given distance from the same, it shall be computed by the course 
of the stream. 

§ 723. Every proprietor of bridges, ferries, turnpikes, and Eatesoftoii 
causeways, where toll is allowed to be charged, must fix a board up. 
in a conspicuous place, as near the same as practicable, with black 
ground, on which shall be the various rates of toll ; and if such is 
neglected, he shall be subject to indictment, and, on conviction, 
shall be fined not less than fifty dollars for every week he so neg- neglect/ ^^ 
lects. 

§ 724. Any person who may be the owner of any land through Land owu- 
which a stream may pass, on both sides thereof, may establish any s-nunniidg- 
bridge or ferry thereon, at his expense, and may charge lawful disown land 
toll for crossing, according to the rates of other bridges and fer- 



148 I'T. 1.— TIT. ().— CHAP, o.— Couisty OitGANizATid^. 

Article 3.— 15ric]gos, Ferries, Tiini]nkes, and Causeways. 

ries on the same stream, or if none other, the customary rates over 
such streams elscAvhere. 

§ 725. If such person shall demand excessive rates, any person 
Exco>jive may complain to the Justices of the Inferior Court of the County, 

rates shun ! . ^ , . , , -, ^ - 

not ho .le- and if tlie rates are excessive, they must reduce and fix them. 

§ T2t). The Justices of the Inferior Court of each County must 
Katop to once each year examine the rates charged in their Counties, and 
«Bnu:iny."^' keep fixed the rates of toll for the several bridges, ferries, turn- 
pikes, and causeways within the limits of their County, which have 
the right to charge them, and must enter the same on their minutes. 
§ 727. If any person shall charge more than the lawful rates. 
Persons or uiorc than indicated by the board, he is guilty of a misde- 

naakins ox- . . i n i • i t • ^ i 

c e s s i V e mcanor, and on conviction must be fined m the discretion oi the 

chargos — 

how punish- Court, and for the second ofi'ense, in addition to the fine, he for- 
feits his franchise. 

§ 728. No person authorized to have a bridge or ferry on his 

Foriis. own land m\\ be permitted to stop up or obstruct any ford, bridge, 

not to be ob- or ferry, and upon so' doing he is guilty of a misdemeanor, and on 

conviction must be fined or imprisoned, or both, in the discretion 

of the Court. 

§ 720. After a person has once established such bridge or ferry, 
Bridie?. etc.. he shall not discontinue the same without first givinsi; public notice 

nottobedis- . i i ^ tt i 

continued, thcrcof by advertisement posted on the Court House door and m 
a public gazette, if there is one published in the County, for at 
least sixty days. 

§ 730. Any proprietor of any bridge, ferry, turnpike,, or cause- 
rroj.ric- way, whether by charter or prescription, or without, or whether 

tors liable , . , ^ . , -, i i 

for neglect, by right of owniug the lands on the stream, are bound to prompt 
and faithful attention to all their duties as such ; and if any 
damage shall occur by reason of non-attendance, neglect, careless- 
ness, or bad conduct, he is bound for all damages, even if over 
and "beyond the amount of any bond that may be given. 

§ 731. The provisions of the preceding Section apply to all 
On faiitirr- contractors for the establishment of such, when dama o;es accrue 

totakc bond . . ' . ° 

the County from a Want of ffood faith in performins; their several contracts, 

Is liable fur . . ° r fc. 7 

damatre-s. and if uo bond or sufficient guarantee has been taken by the Jus- 
tices of the Inferior Court, the County is also liable for the damages. 
Per.%n3 § 732. Any person unreasonably detained at a pifblic ferry, toll 

Ahall not bo r . J , •■> « i i i j.- r 

d^-tained at bridge, turnpike, or causeway, may for each detention recover ot 
ings." ''^"''^' the owner ten dollars before any Justice of the County. 



PT. 1.— TIT. 6.— CHAP. 5.— County Organization. 



149 



Ailicle 3. — Bridges, Ferries, Turnpikes, and Causeways. 



§ 733. If any person demands or receives toll for crossmff any Per«oo» 
terry, bridge, or causeway, or turnpike, atter the revocation oi his after ^xpira- 



tioH of char- 



license or forfeilure of his charter, or, havini^ a rjf'lit for a ferry, \-(-r..<>rfu\\\in^ 
allows the banks on either side to be out of repair for more than «*f"J fmtsin 

^ oi«!cr, 

five days at any one titiie, or to provide good and safe boats of a 
size sufficient for the accommodation of the public, furnished with 
competent and sufficient ferrymen for the safe and speedy passage 
of all persons, vehicles, horses, and stock, or, in case of a toll 
bridge or causev/ay, fails to keep the same in good repair, without 
a reasonable excuse for such failures, to be determined by the 
Court, he is guilty of a misdemeanor, and on conviction must be finea $20. 
fined not less than twenty dollars. 

§ 734. If any person who keeps a private bridge, ferry, turn- owners of 
pike, or causeway, passes any person for toll, the owners incur the ries liable, 
same liability and penalties as those permitted by law. 

§ 735. If any person break or injure any g-ate to a toll bridere, Breaking 

•^ ^ . , ® ' or ir.jiiriu^ 

turnpike, or causeway, or obstruct, iniure, or destroy such bride-e gateoravoid- 

j. 7 e/ 7 7 t* 7 ^ J o ing payment 

or causeway, pass round or under the same with inteiit to avoid 
the payment of toll, such person forfeits to the owner ten dollars 
for each ef such acts, and is also liable for the damages. 

§ 736. Damages for the right of way are to be assessed in th^e Eight ofway 
manner prescribed for public roads and private ways. 

§ 737. Grants to land on water courses, with the appurtenances. Grants to 
convey no right of public bridge or ferry. 

§ 738. The grant of a ferry franchise conveys no rischt to build Grant fora 

, ^ ./ J to ferry. 

a bridge, or the contrary. 

§ 7-39. In determinins; the value of land taken for a brids^e, its Taiueof 

1 ,.,.,. , % land taken 

prospective value as a bridge site ana its present value as a terry, foi* a bridge 
if one is in use, may be taken into the calculation. ^ mated. 



ARTICLE IV. 



RAILROAD AND OTHER CROSSINGS. 



Section. 

740. Roads at railroad crossings. 

741. Extent of such Ci'ossings. 

742. Erecting posts and bloAving whistle. 

743. Neglecting to erect such posts. 

744. Failing to blow the whistle. 

745. Proof of damage — onus on Company. 
■74€- Suits — when to fee brought. 



S.ECTION. 

747. Failing to keep crossings iu order. 

748. Must be done by overseer of Roads, 

749. Executions against defaultiug Co. 

750. Money raised — to whom paid. 

751. Railroad company may defend. 

752. Plank, macadamized and other roads. 

753. Public highways, bi-idges, etc. 



150 PT. 1.— TIT. G.— CHAP. 5.— County Organizatiof. 



Article 4. — Railroad ami other Crossiiio'S. 



§ 740. All railroad companies shall keep in good order, at 
Public and thcir cxpense, the public roads or private ways established pursu- 
tobokeptup ant to law, where crossed by their several roads, and build suita- 
ofRniirxvids. |^|^ bridiTCS and make proper excavations or embankments, accord- 
ing to the spirit of the road laws. 

§ 741. Such crossings include the width of land on both sides 

ExU'Dt of of the road allowed by charter or appropriated by the Company 

inps. therefor, and for as many feet beyond, each way, as is necessary 

for a traveler to get on and off the crossing safely and conveniently. 

§ 742. There must be fixed on the line of said roads, and at the 

A post to distance of four hundred yards from the center of each of such 

be erecteu. •^ 

road crossings, and on each 'side thereof, a post, and the engineer 
shall be required, whenever he shall arrive at either of said posts, 
BioTving to blow the whistle of the locomotive until it arrives at the public 
^ road, and to simultaneously check, and keep checking, the speed 
thereof, so as to stop in time should any person or thing be cross- 
ino: said track on said road. 

§ 743. Should any company fail or neglect to put up said posts 
uTerecuucS *^^^ superintendent thereof shall be guilty of a misdemeanor, and 
post. upon indictment and conviction thereof in the County where such 

failure occurs, shall be subject to a fine of not less than five hun- 
dred dollars nor more than one thousand dollars. 

§ 744. If any engineer neglects to blow said whistle, as required, 
FaiiiDsto and to check the speed as required in Section 742, he is guilty of 

blow the .- -..-,. ^ . . . , ^ 

whistle. a misdemeanor, and on indictment and conviction m the (Jounty 
where such failure occurs, he shall be punished by fine not ex- 
ceeding five hundred dollars, and imprisoned not exceeding ninety 
Fine and days, or either, which the company by whom he is employed is 

Imprison- v T j. 

ment. Dound to pay. 

When an § 745. When such injury occurs, the onus is upon the company 
cur*. to prove such fault on the part of the injured persons. 

the^c'ouTit" § '^^^' ^^^^ ^^i*^s may be located in the County vfhere the in- 
ryZchrl^ jury occurs, and service perfected as in ease for killing stock. 

§ 747. When any road over which a crossing is required shall 
Railroads be obstructcd, or not in good order at such crossing, a Road Com- 

ovf-r wliich . . 1 T • 1 1 

crosHin^rft missioner, or an overseer oi the road district where the crossmi^ 

are required. . t ^ • 

IS, must notiiy the nearest agent or employee of the company, m 
writing, to remove such obstructions, or to put such crossing in 
proper order within thirty days from the date of such notice. 
§ 748. If such requisition is not com.plicd with, it must be done 



PT. 1.— TIT. G.— CHAP. 



5.- 



•County Organization. 



la 



Article 4. — Railroad and other Crossings. 



by the overseer of the road, and within five days after lie shall Requisition 
have discharged such duty, he must report, under oath, in writing, '■^."'C^lj'''* 
to the Commissioners of the district, the amount and value of the '^^>'»- 
services performed. 

§ 749. The Commissioners shall then issue execution, under their Execution 
hands and seal, directed to any lawful oincer, for the amount or 
such value and the costs of the proceeding against such default- 
ing railroad company, as in case of other road defaulters. 

§ 750. The amount, when collected, must be paid to the persons Money 

' 1 T 1 raised— how 

who performed the labor, 'pro rata, and according to the labor per- disposed oi 
formed by each, and for other expenses of said work, if any. 

§ 751. The defendants may defend themselves from such^. fas. Defenses— 
as other defaulting road-workers may. 

§ 752. The provisions of this article are, so far as applicable 
extended to any plank, macadamized, turnpike, or other road, be- subject 
longing to private individuals or a joint stock company. 

§ 753. Public highways, bridges, or ferries, can not be appro- puWic 
priated to railroads, plank roads, or any other species of road, un- highways^ 

etc. 

less express authority is granted by some constitutional provision 
in their charters. 



Plank and 
other roads 
to 
same 

X>rovision3. 



ARTICLE V. 



PRIVATE WAYS. 



Section. 

754. Private -ways — by whom granted. 

755. Must be kept open. 

756. How obtained. 

757. How laid out — notice of application. 

758. Damages — how assessed. 

759. Applicant may decline to open. 

760. May be established by agreement. 
-761. Protected as public roads. 

762. Persons may join in opening, etc. 



Sectiox. 

763. May apportion work, etc. 
76-i. Private way over wild lands. 

765. Seven years' uninterrupted u.se. 

766. Can not be closed after one year. 

767. Special damages in certain cases. 

768. When there is but one bluff, etc. 

769. Application for use of landing. 

770. Damages omitted in the grant. 

771. May be converted into a public road. 



-§ 754. The Justices of the Inferior Court have authority to Private 

VT CI V S -"" t) V 

grant private ways to individuals to go from and return to their whom grant- 
farms or places of residence. 

§ 755. They must not exceed fifteen feet in width, and must xot more 
oe kept open and in repair by the persons on whose application wide, 
they are established, and may be as much less as the applicant 
may choose. 



152 PT. 1.— TIT. G.— CHAP. 5.-— County Organization. 



Article 5.— Private Ways. 



§ 756. Any person desiring such passway over the land of an- 
How ob- other, must petition the Justices of the Inferior Court, setting forth 
particularly the distance and direction of such road, over whose 
h\nd it is to go, through what improvements, if any, and their na- 
ture, and the special purpose for which it is desired. 

§ 757. After all persons over whose land said passway is to be 

Lund own- made shall have had twenty days' notice, in writing, of such ap- 

havo twenty nlicatiou, and such Justices shall be satisfied such applicant is en- 

davs'notioo. ^ . r. f . 

titled to the same, they shall appoint five commissioners, who 

shall be disinterested persons, any three or five of whom may act, 

Private to vicw and lay out such road, so as to do the least possible dam- 
ways— how . . TIT 1 1 n 1 1 • 

laid out age and inconvenience to the land-owners, who shall make their 
report within thirty days from their appointment. They shall 
make out their report in writing, and furnish all the parties in 
interest with copies thereof; and if either party is dissatisfied Avith 
such report, by giving the other five days' notice in writing, he 
Either par- may take an appeal to the Justices of the Inferior Court, who, 
jLi"'''^ ^^ after having all the evidence, pro and con, may confirm said re- 
port or alter the same, which, when done, shall be final. 

§ 758. If the person then, over whose land the passway is, con- 
Dama-cs— oeivos that hc will be damaged thereby, he may proceed to have 
howassessed ^^iq damages assessed in the same manner that damages are as- 
sessed in case of. public roads, and the applicant therefor stands 
in the place of the County and Road Commissioners. 

§ 759. After the damages are thus assessed, the person who 

Applicant has them to pay may decline to open the same, but he is bound 

to open the for the costs of all the proceedings, whether he uses the passway 

or not, for which the Clerk of the Inferior Court may issue an 

execution ; and in all cases the damaaies must be paid before the 

Damajres or 

must be ^-ay is opened. 

paid. "^ A 

§ 760. Private ways may be established by an agreement in 
Maybe 68- Writing of all parties concerned, in which may be stipulated any 

tabliahcd W t -, . . J L J 

a^recmcnt.^ damages, which must be spread on the road book of the County, 
and when so done, has the same effect as though established by 
the forms of law. 

§ 761. When a private way becomes established, it must be en- 
Kecordod tcrod ou and fully described in the road book, and the owner 

and prot-ct- , /, • • i i i 

ed as public thereoi is entitled to be protected in the use of the same as a 

roadfi, . ^ 

public road. 

§ 762. Several land owners may join together in opening a pri- 



PT. l.-^TIT. G.— CilAP. r>._CouNiY Okganization. 153 

Article 5. — Private Ways. 



vate way, or in keeping it up afterwards, or both; and when :so fi<!v«rai 
done and entered on the road book, the duties and priviloi'cs ex- "''^y J';'" '" 
tend to vendees of the same real estate. ^-^y- 

§763. When several so join, tlicy may apportion the road for Mayappor- 

•^ . -^ "^ ^ ^ . tion the 

work among themselves, or work it under the road laws, selecting work, 
one of their number as Road Commissioner, whose powers are 
the same touching such road and the hands thereof as the three 
Koad Commissioners of the district. 

§ 764. If a private way is established over the wild lands of a <'>" wild 
person who has no notice of the proceeding, as soon as he does 
have such notice, and within six months thereafter, he may pro- 
ceed to have his damages assessed against all persons who are 
land owners and are in the habitual use of such private way, 
and not after. 

§ 765. When a person has laid out a private way, and has been Seven years' 

■J . uninterrupt- 

in the use and enjoyment of it as much as seven years, of which ^^ use. 
the owners have had six months' knowledge, without moving for 
damages, his right to use becomes complete, and such owners are 
barred of damages. 

§766. When a road has been used as a private way for as can cot be 

. . . . closed after 

much as one year, an owner ot land over which it passes can not one year 

. r> T without no- 

close it up without first giving the common users of the way tice. 

thirty days' notice in writing, that they may take steps to have it 

made permanent. 

§ 767. When a private way is established over the land of an- speciaiways 
other for the purpose of hauling wood or timber, or other com- 
modity, to any place of landing whereat the business of rafting 
or shipping is carried on, or to any railroad depot, it shall not Extent of. 
extend to the use of any landing erected by a person for his 
own benefit. 

§768. If, however, there should be but one bluff or place of k there is 
landing, the owner can not appropriate such to himself exclu- 
sively, if he will not be damaged by the admission of others to its 
use, or, if damaged, he is properly compensated therefor; but no 
person shall be entitled to use the wood-slide or other improve- 
ment erected for one's own use, nor timber landing, while he is 
using it. 

§ 769. When the applicant for a private way desires also to use Thexise 
another's landing, he must so state in his petition, that proper kinding."^^^* 
damages may be assessed therefor. 



\ 



154 pT. "I.— TIT. t).— CHAP, o.— County Organization. 

Article 0. — IMiuiug". 

>^ 770. If a private way is established and there is an omission 
Omtssion to to have considered the dama^^es for usin^; such, it maybe done 
8««- afterwards if "within a reasonable time. 

§ 771. AVhen a private way is once established, it is in the 
Maybocon- powcr of tho Justiccs of the Inferior Court to declare it a public 

verted into a '■ . . . 

public roai. road, provided it is of sufficient length and importance, and the 
number of persons who habitually use it can and will do as much 
work thereon as is their proper share, in working the same alone 
or in connection with adjacent public roads. 



ARTICLE VI. 

MINING. 

Section. I Section. 

V72. Right of way for miners. 774. Diversion of water courses. 

773. Return of award. [ 775. Rendition of award. 

§772. [In all cases where any partnership, corporation, or indi- 
Ki.iht of vidual, may be hereafter actually engaged in the business of 

\ray to min- ... i i i i n i -i • 

iug coiupa- mining iron, copper, gold, coal, or any other useiui metal or min- 
eral, or in making copperas, sulphur, saltpeter, alum, or other 
similar articles of utility, and such partnership, corporation, or 
individual, shall be of the opinion that it is necessary to the suc- 
cessful operation of their works that they shall have the right of 
way for either a railroad, turnpike, or common road of travel 
across the land of others, upon failure to agree with the owner of 
the lands across which such right of way is desirable, to have 
Necessity both the ncccssity and value of the same settled, as follows : The 

how settled. Said Corporation, partnership, or individual, shall select one per- 
son, the owner of the land another person, and any one of the 
Justices of the Inferior Court of the County where the land lies 
shall be the third man, who, together with the two chosen as 
above provided, shall summon the parties and such witnesses as 
they may deem necessary to appoint, after reasonable notice, and 
after fully hearing evidence and reasons on both sides, they shall 
decide both as to the necessity of the right of way and the value 
of the same.] (a) 

§773. [They shall return their award to the next Superior 
Court of tlie County where the land is situated ; whereupon, the 

(a) Acts of 1862-3, pp. 171-3. 



PT. 1.— TIT. G.—CITAP. 5.— County Ouganization. 



1.5/3 



Article 0. — Minin» 



same shall be made the judgment of said Court, binding and con- 
clusive upon both parties, unless then and there set aside for rea- 
son now applicable in other cases of arbitration.] (a) 

§774. In all cases where it may be deemed desirable and ne- 
cessary to divert any water course from its usual channel, for any 
of the purposes specified in Section 772, it shall be lawful to 
organize the board of arbitrators, as provided in said Section 772, 
whose duty in relation to the same shall be to decide both as to 
the necessity of diverting the water course, and who are damaged, 
and how much. It shall be the duty of the arbitrators to sum- 
mon before them all the parties interested in the question, and 
to return their award to the Superior Court as provided in Sec- 
tion 773, subject to be there set aside for reasons now applicable 
in other cases of arbitration; otherwise to stand as the judgment 
of the Court.] (a) • 

§ 775. [It shall be the duty of the arbitrators in all cases aris- 
ing under the provisions of this Article to make return of their 
award on the first day of the Superior Court held thereafter, in 
the County where the same is awarded; and at such time all and 
any of the parties aiFected thereby shall have the right of appeal 
to said Superior Court, provided such appeal is entered within 
four days from the time said award is filed; the said appeal to be 
entered and disposed of under the same rules and regulations 
which now govern other cases of appeal.] (b) 



Awanl to 
})(: rfcturnc'l 
to Huj/orior 
Court. 



May divert 
water c^>ar- 

(409. 



Assessment 
of flamages. 



Reports of 
award and 
riirht of ap- 
peal. 



Appeal — 
how dispos- 
ed of. 



CHAPTER VI. 



THE COUJ^TY POOR. 



Section. 

776. Paupers. 

777. Poor House. 

778. Pauper farms. 

779. Tax to buy farms. 

780. Regulation of farms. 

781. Workshops, etc. 

782. Commissioners of the Poor. 

783. Receipts, disbursements, amounts. 

784. Applications by the poor, etc. 

785. Who are considered paupers. 



Section. 

786. Parents and children bound, etc. 

787. Certificate of the Clerk. 

788. Burial of paupers. 

789. Persons remoAdng paupers. 

790. Such persons being insolvent. 

791. Paupers left by companies, etc. 

792. Security required, etc. 

793. Bond filed with Clerk Inferior Court. 

794. Party failing to give security. 

795. Pauper found to be a lunatic. 



§ 776. The general supervision of all paupers is vested in the paupers. 
Justices of the Inferior Court of each County. 



(a) Acts of 1862-3, pp. 171-3. (b) Acts of 1862-3, pp. lTl-3. 



150 PT. 1. — TIT. 6. — County Organization. 



Chapter 0. — The County Poor. 



§ 777. They have authority to purchase lands for a Poor House, 
Poor Houses the title thereto vesting in the County, or to rent improvements 
for such purpose, or to board out the poor and to make all neces- 
sary contracts in relation to them. 

v^ 7 78. [Upon the recommendation of the Grand Juries of their 

Pauper respective Counties, said Justices shall have power and authority 

"*** to purchase a house and farm in their respective Counties, upon 

which farm they may require all paupers in said Counties to labor 

who are not, from old age and disease, unable to work.] (a) 

§ 779. [The said Justices have authority to lay and collect a tax 
.^^ for the purpose of purchasing said house and farm.] (a) 

§ 780. [They are also authorized to establish all necessary rules 
Regulation ^ud regulations in the management of said farms.] (a) 
°' §781. [They are further authorized to establish any workshops, 

Workshops, any school-houses, or churches on said farms, as they may deem 
proper, and may do any and every thing necessary to be done, in 
carrying out the provisions of this and the three Sections imme- 
diately preceding it.] (a) 

§ 782. They shall, if necessary, appoint a Commissioner of the 
Commis- Poor. and the money arising from the poor tax shall be paid into 
Poor. his hands by the County Treasurer on orders granted in his favor 

by such Justices, or in favor of any other person. 

§ 783. Whoever receives and disburses such fund must once in 

Receiver cvcry year, at the time such Justices may order, or oftener if 

er. they require, make up his accounts and lay the same before them, 

who shall allow or disallow, and whenever there is a deficiency or 

Ma berui ^i^^^li^J ^n the part of such person he may be ruled for the 

*^ amount as an officer of Court. 

§ 784. Application to be provided for as a pauper may be made 
Application <it any time to the Commissioner of the Poor, a Justice of the 
to ^Tro'^m Inferior Court or a Clerk of such Court, upon which a hearing 
must be had, with the least possible delay, by the Justices, and 
, the person to whom such application is made is authorized to pro- 
vide for such applicant as other County poor until the hearing is 
had. 

§ 785. No person shall be entitled to the benefits of the provi- 

who are sion for thc poor who is able to maintain himself or herself by 

labor, or if not, has sufficient means, and in cases Avhere females 

(a) Acts of 1805-6, p. 230, 



PT. 1.— TiT. G.— County Okganization. 1o7 

Clinpter 6. — The County Poor. 



are unable to maintain themselves and the helpless childr-en they 
may have also, they may be aided to the extent required in the 
furnishing of food, clothing, or shelter. 

S 786. If any such person has father, mother, or child of suffi- Parents 
cient ability, he or she must be supported by them, and failing so v.una to 

■^ ' ^ ^ '^ ... support each 

to do, any County in the State, having made provision for such "thcr. 
persons, may sue persons of full age standing in such relation to 
them, and recover for the time such County has made provision 
for such person ; always provided, the person sued was possessed of 
such ability. 

§ 787. On the trial the certificate of the Clerk of the Inferior certificate 
Court that the person was poor and unable to sustain himself, cvidoDce.^'^ 
and that he was maintained for such a time at the expense of the 
County, is presumptive]evidence of such maintenance and the costs 
thereof. 

§ 788. [Whenever any free white person shall die in this State, PanperR— 
whose family and immediate kindred are indigent and unable to 
provide for the decent interment of such deceased person, and 
where the deceased is a pauper, and destititute of the means of 
paying for a decent interment, the Justices of the Inferior Court 
of the County where said death shall occur are authorized, and it is 
hereby made their duty, in case there be any pauper funds belong- 
ing to the County unexpended, to appropriate a sufficient amount 
thereof to provide a decent interment for such deceased pauper ; 
or to reimburse such person as may have expended the same vol- 
untarily; said appropriation not to exceed what is necessary to x\monntof 
defray the ordinary funeral expenses of persons dying in humble tion.°^"^ 
circumstances in this State.] (a) 

§789. When any inhabitant of any County, city, town, or vil- Persons re- 
lap-e, m or out oi the btate, sends a pauper to some County m this persperson- 

oi -1 «. ,, allv respon- 

btate, by paying the expense of transportation, or otherwise has sibie. 
him removed for the purpose of burdening some other community, 
the person so engaged shall be personally liable for the support of 
the pauper in the County where he locates. 

§790. If the person so engaged in transporting a pauper is in- sucimersoa 
solvent or does not respond to such demand from any cause, the ^^ei/t ^''/J^e 
County from which the transportation took place shall be liable. [uXk!'^ ^^ 

§ 791. If any person commanding any vessel, or the manager 

(a) Acts of 1863-4, p. 60. 



158 PT. 1.— TIT. G.— County Organization. 

Chapter 6.— The County Poor. 



Panpersi?ft or proprietor of any theatrical circus, or any otlier migratory 
ry c«i«i>a- couipanv, or their agents, or any person passing or moving 
throui^h this State, shall bring and leave or abandon herein, any 
infant, lunatic, mniined, deaf and dumb, blind, aged or infirm 
person, who is or is likely to become chargeable to the County, he 
may be brought b}^ warrant before any judicial ofiiccr. 

§ 792. If such officer is satisfied that such person is or will ^yo- 
Mayivn^- bablv bccome such chareie, he must require such person to enter 

quired to •^ ^ ^ ^ 

give bond, into bond, payable to the Governor of the State and his succes- 
sors in office, with sufficient securities, resident in the State, for 
the sum of five hundred dollars, for each of such persons so 
brought, conditioned to pay all such expenses, as any County in 
the State may lawfully incur in their support. 

§ 793. Said bond must be filed in the Clerk's office of the 

Such bond Inferior Court of the County where the paupers are at the time 

in Clerk's of its cxecution. and upon condition broken may be sued on and 

•office of the ' ■■■ ^ ^ 

the infeiior recovcries had, until exhausted in difi'erent actions in behalf of 

Court. '^ 

any County or person who may have properly contributed to the 
maintenance of such pauper. 

§794. On failure to give such bond, such person must be com- 
Fftiiure to mittcd to lail until it is done, or until the next term of the Supe- 

five bond- 

rior Court of the County, when, if not done, or he does not take 

May be fin- carc of Said pauper and pay all costs, he is guilty of a misde- 
ed five hun- .. ^ tt -i n -i n 1 Tiin 

-dred dollars, me an or, and, on conviction, shall be fined five hundred dollars? 
and, in default thereof, shall be imprisoned ninety days. 

§ 795. When a pauper is found to be a lunatic, idiot, deaf and 
Lunatics, dumb, or blind, they must be dealt with according to the laws re- 
lating to them. 



PT. l.—TIT. T.-^-CIlAP. 1.— Public Hevenub. loO 



Article 1. — ■Persons and Property Exempt. 



TITLE Vll. 

PUBLIC liEVENUE. 



CHAPTEPt I. 

TAXATION r>Y THE STATE. 



Article 1. — Persons and Property Exempt, 

Article 2. — System of Taxation — Persons and Property Taxed. 

Article 3. — Taxes on Banks, Railroads, etc. 

Article 4. — Taxes — lioiv Returned and Collected. 

Article 5. — Proceedings against Pelinquent Tax Payers, 

Article 6. — Delinquent Collectors and Receivers, etc. 

Article 7. — Tax Receivers. 

Article 8. — Tax Collectors. 

Article 9. — Compensation of Collectors and Receivers, 

Article 10. — Miscellaneous Provisions, 



ARTICLE L 

PERSONS AND PROPERTY EXEMPT. 

Section 786. Persons and property exempt from taxation enumerated. 

§ 796. The following persons and property are exempt from PropeHy 
taxation : taxation. 

1. All property specially exempted by the Constitution of the 
United States or of this State. 

2. All lands, mines, and minerals belonging to this State or 
the United States. 

3. All buildings erected for and used as a college, incorpo- 
ated academy, or other seminary of learning. 

4. All buildings erected for and used for public worship, or for 
school houses, or both. 

5. All Court Houses, Jails, or other County buildings. 

6. [All public buildings owned by any incorporated city or 
town in this State.] (a) 

(a) Acts of 1863-3, p. 180. 



IGO 



PT. 1.— -TIT. 7.— CHAP. 1.— Public Reventje. 



Article 1, — Poi-sons and Property Exempt. 



T. All poor lioiisos, alms houses, houses of industry, and a,ny 
house belonging to any charitable institution. 

8. The real and personal estate of any public library, and that 
of any other literary association. 

1\ The several lots and buildings attached to the five last men- 
tioned exemptions, including all necessary furniture belonging to 
each. 

10. All books and philosophical apparatus, and all paintings and 
statuary of a company or association kept in a public hall, not 
held as merchandise or for the purpose of sale. 

11. All stocks owned by the State, or by literary or charitable 
institutions, for the legitimate purpose of such. 

12. All plantation and mechanical tools, and all household 
and kitchen furniture, not above the value of three hundred dol- 
lars, not held for sale or as merchandise. 

13. All poultry, and two hundred dollars in value of other 
property, besides the special exemptions, but which latter do not 
obtain in favor of non-residents. 

14. All annual crops and provisions, all fire-arms and all mu- 
nitions, and all wearing apparel not held as merchandise. 

15. All owners of stocks in any incorporated company liable 
stockhoid- to taxation on its capital for such stock shall not be taxed as in- 

r s — w hen ^ 

dividuals. As to County tax, see Section 488. 

16. All places and monuments of the dead and implements of 
burial. 

17. The property of revolutionary soldiers and their widows, 
to the value of one thousand dollars. 



e 
exempt 



ARTICLE II. 

SYSTEM OF TAXATION. AND PERSONS AND PKOPERTY TAXED. 



Bectiox. 

797. Taxable property — what. 

798. Bonds, notes, and other obligations. 
790. Lands held by warrant or ungrantod. 

800. Lands, etc., held by non-residents. 

801. Taxable property— assessments. 

802. Assessments — wlien and by whom. 

803. Amount of taxes to be assessed, 
801. Tax— in what funds to bo paid. 



Section. 

805. Default and insolvent list. 

806. Specific taxes — items enumerated. 

807. Property specifically taxed, etc. 

808. License to exercise a privilege. 

809. Taxes to be paid before other debts^ 

810. Conveyances and judgments, etc. 

811. Person to whom conveyance is made. 



§ 797. All real and personal estate, whether owned by indi- 
TaxaMe viduals or Corporations, resident or non-resident, are liable to 

property. • i • n , 

taxation, unless specially exempted. 



PT. 1.— TIT. 7.— CilAP. 1.— Public Revenue. 161 

Article 2. — System of Taxation, and Persons and Property Taxed. 



§ 798. Bonds, notes, or other obligations for money, on persons iV'nf]H,note», 

at/'., of non- 

in other States, or bonds of the United States, or of other fOHifi on t«, 

. bon.lftof oth- 

States, or bonds of corporations of other States, and shjppinrr cT.itab-c-tc. 
are the subjects of return and taxation in this State. ^'^• 

§ 799. All lands held under warrants and certificates, but not un^rranteri 
granted, are liable to taxation, and all monied or stock corpora- stock con!o- 
tions, unless exempted or differently provided for in their charters, 
are liable to taxation upon such capital stock as other property. 

§ 800. Lands or other property belons;inff to citizens of the Non-resi- 

. c^ 1 '^'-"' owners 

United States, not resident of this State, can not be taxed hidier subject to 

' *-" same tax as 

than the property of residents, but all the property of such non- citizens, 
residents, whether their property be real or personal, in this State, 
must pay taxes on the same herein. 

§ 801. All property, or other thing of value subject to taxation. Taxable 
must be given in by the tax payers as hereinafter set forth, at its be assessed 

o • 1 1 1 1 ^ T • 1 '^^^ valorem, 

lair market value, and must be taxed according to its value on an and by 

whom. 

assessment to be made by the Governor, which must not exceed 
one-eighth of one per cent, per annum, without the assent of the 
General Assembly. 

§ 802. Such assessment must be made each year as soon as the Assessment, 

• 1 • IT 1 11 ^beii and hy 

value of the taxable property is substantially known by the ^i^om made. 

Comptroller General, who shall assist the Governor in making 

the assessment, and immediately send written or printed notices 

to each Tax Collector, of the Governor's order, and publish also 

a copy thereof for the space of thirty days, in some public gazette 

at the seat of Government. 

§ 803. The amount of taxes assessed shall not exceed the actual Amountof 
annual wants of the State Government, exclusive of the commis- assessed. 
sions of Collectors and Receivers, and any other expense that may 
be lawfully incurred in assessing and collecting them. 

§ 804. Taxes must be paid in gold or silver, or in the bills of How paid. 
such banks as pay specie promptly, unless specially excluded by 
law or otherwise directed by the Governor. 

§805. In netting the digest the default list shall be deducted .Default and 
for the Receivers, and the insolvent list for the Collectors. li^ts. 

§806. Besides the ad valo7''em tax, the following specific taxes shall specific 
be assessed per annum, and estimated in fixing the rate per cent : 

1. Practitioners of law, physic, and dentistry, five dollars each. 

2. Daguerreian, ambrotype, photographic, and similar artists, 
five dollars, 

11 



1G2 FT. 1.— TIT. 7.— CHAP. 1.— Public Revenue. 



Article 2. — System of Taxation, and Persons and Property Taxed. 



8. Evory iVoo white person between the ages of twentj-one and 
sixty, twonty-fiye cents. 
AucUoneM* 4. To Carry on the business of an auctioneer, ten dollars. 

i>. To keep a pool or billiard table for public play, twentj-five 
dollars. 
Bagatelle {}, To keep a bagatelle table for public play, ten dollars. 

7. To keep a ten pin alley, or alley of like kind for public play, 
»iiej\*° ^''" ten dollars. 

8. To keep any other table, stand, or place, for any other game 
tabu-'wiih or or phi}', with or without a name, unless for exercise or amusement 
naiuc\ only, and not prohibited by law, ten dollars. 

9. To keep a public race-track, fifty dollars. 

Property § 807. "Where persons are taxed specifically for keeping a bil- 
tSlif'^^not Hard or pool table, bagatelle table, or ten pin alley, they need not 
turned. ^^' givo in the value thereof. 

License— § 808. No asscssmont or payment of tax to the State is to exoner- 
sary alter ate the pcrsou from taking out license from the County, or city, or 

j»avment of. . i-i -iii -i 

tix. incorporated town, m cases where they are required by law so to do. 

Taxes to § 809. Taxcs shall be paid before any other debt, lien, or claim. 

and property wliatsocver, and the property returned or held at the time of giving 

always sub- . . r,- i. 

ject in, or alter, is always subject. 

^"TnTKud- § ^^^' ^^^ deeds of gift, mortgages, sales, and assignments of 
™^^,^' * pjjy^ property of any kind, made to avoid paying taxes, or judgments 
ei^ void.'"^^" procured to be rendered for the same purpose, are null and void. 
§ 811. The person holding such property, or to whom such 

Donee, etc., convcyance may be made, is liable for such taxes, and the property 

property lia- r» i • i • • t 

bie. also, whenever lound, no matter m whose possession it may be. 



ARTICLE III. 

TAXES ON BANKS, llAILROADS, AND OTHER COEPORATIONS. 



Section'. 

812. Banks, etc.— how taxed. 

813. RaiIro<a'l.s and other corporations. 

814. Private banks and bankers. 

815. Special provisions for railroads. 
81G. Foreign banks — agents. 



Section. 

817. Foreign insurance companies. 

818. Express companies. 

819. Lotteries. 

820. Illegal sale of lottery tickets. 

821. How contested by defendant. 



§ 812. The several banks, or other corporations in this State 
Banks- having banking privileges, shall pay a tax annually of forty cents 
* on every hundred dollars of the highest amount of their capital 
stock paid in within the limits of their respective charters. 

§ 813. The several railroads and other incorporated or unincor- 
porated companies of every kind, except banks which are not 



FT. 1.— TIT. 7.— ClIAr. 1.— Public RevexNUE. 163 



Article 3.— Taxes on Banks, Railroads, and otlier Corporations. 



*«xempt by their charter or otherwise, or for which there is not a THxorir»o- 
'different method of taxation specially prescribed, pay the same oth^,r fvm»- 
rate per cent, upon tlic whole amount of their capital stock paid in ' 
as is levied on other capital, together with the same rate per cent, 
upon their net annual profits. 

§ 814. The provisions of the preceding Sections apply to private baDkJrB,?^ 
-bankers, brokers, or exchange merchants. 

§ 815. The several railroads, by whose charters a higher tax is wSr/ITrSy 
forbidden, and such as are now or may hereafter be in operation IlneVe^r cent, 
that do not pay a dividend exceeding six per cent., shall pay only 
one-half of one per cent, upon the net annual income of each, 
until they p;iy a dividend of ei":;ht per cent, per annum, in which when oth- 

•^ ^ "^ o J. X ^ erwise tax^d 

shall be included the reserved fund, at which time they are to be 
taxed as other capital. 

^816. Every agent of any foreign bank or individual not a ,, Asent 
■citizen of this State, doins; business herein, with or without an'''^"'^ ."l"^ 

' o ' non-resident 

office, or through a citizen of this State or other person, shall pay ^Jw t^xedT 
the same rate of tax as is imposed upon the chartered banks upon 
one-third of the highest amount of loans or paper discounted, or 
exchange purchased by him and running to maturity at any one 
time during twelve months immediately preceding such returns, 
together with the same rate per cent, upon the not annual profits 
of the agency. 

§ 817. All insurance companies out of this State, doino; business Tax on for- 
herein, shall pay one per cent, upon premiums received. »% oem- 

§ 818. Every express company doing business in this State shall 
pay a tax of one per cent, upon the gross amount of their profits companfes. 
for each year on business done at offices in this State. 

§ 819. Each manager of any lottery, if authorized by the laws On lotteries. 
of this State, shall pay to the State Treasurer one thousand dollars 
•annually, free of all costs of collection. 

S 820. If any person makes affidavit that any one is sellincr lot- niesraiesie 

"^ ^ . ^ ^ of lottery 

tery tickets without the authority of the laws of this State, thetickert>— 

_ "^ ^ _ ' liow punish- 

Tax Collector of anj' County shall issue Si fi. fa. or ca. sa., or both, ^d. 
for the sum of one hundred dollars for each act, sworn to aorainst 
the offending person as tax executions are issued. 

§ 821. The defendant may contest the collection of such process I'i./a.maj 

, p , . -,. ^ /. ., be contested 

•as derendants m ordinary jj. /(2S. may."^ 

* Laws to levy and collect taxes, being generally for one year only, and being 
in their nature temporary and changing, are not inserted here. The reader is 
referred to the Acts of the Legislature on that subject. 



164 



PX. 1. TIT. 7. CHAP. 1. — Public Pevenue. 



Article 4.— Taxes— how Returned ;ind Collected. 



ARTICLE IV. 



TAXES — now RETURNED AND COLLECTED. 



Section. 

S22. Roturu of banks, etc.— hoAV made. 
Silo. Other returns— to whom made. 
824. Minos and farms— where taxed. 
8'25. Mine or farm on County line. 

Non-residents. 

Lands, etc.. of non-residents. 

Returns to Comptroller— bow made. 

In what funds taxes payable. 

Returns may bo by agent. 

831. Oath of agent. 

832. By one of a firm sufficient. 
AVho may administer oath. 
Evidence of oath. 
"When Receiver must assess. 
Proceedings thereon. 
Who may complain of returns. 

838. Oath of Assessors. 

839. Defaulting tax payers. 

840. Relief against double tax. 
811. Defaulter's oath. 
842. Blanks — by Avhom furnished. 

Lands — how returned. 
How entered in digest. 
Digests — when and where filed. 
Mistakes — how rectified. 
Tax overpaid refunded. 
Before reaching Treasury. 

849. Doubtful cases. 

850. Defaulters double taxed. 



820. 
827. 
S2S. 
829. 
830. 



833. 
834. 
835. 
836. 
837. 



843. 
844. 
845. 
846. 
847. 
848. 



Skctiox. 

851. Double tax on property. 

852. Double tax — how avoided. 

853. Agent of non-resident liable. 

854. When Collector must pay, etc, 

855. Insolvent list— how allowed. 

856. When allowed. 

857. On what tax allowed. 

858. Copy of list to be retained. 

859. List must be recorded. 

860. Comptroller may wait for list, 

861. When not allowed. 

862. NcAY officers excused. 

863. When their liability attaches^ 

864. Collector's duty as to digests. 

865. Further time may be allowed, 
S66. Taxes for former years. 

867. Estates not liable— when. 

868. Land maps to be made. 

869. Digests of lands. 

870. Lands returned by number. 

871. Improved lands— where returned. 

872. Wild lands — where returned. 

873. List of wild lands to be made. 

874. List to be advertised. 

875. Wild lands sold — when. 

876. Owner may redeem. 

877. Sale shall not affect minors, etc. 

878. Additional clerk. 



Returns and 
taxes of 
banks, etc. 



EetoTDS — to 
whom made. 



Eetiims 
of minln'z 
companies 
etc 



§ 822. The returns of all banks, railroad, and insurance and 
express companies, and agents of foreign companies, authorized in 
this State, shall be made to the Comptroller General by the first 
day of May in each year, and the taxes thereof shall be paid to 
the State Treasurer by the first day of October in each year. 

§ 823. All other companies or persons taxed shall make their 
returns to the Receiver of the respective Counties where the per- 
sons reside or the office of the company is located, except in case 
of mining companies and of persons who cultivate lands in Coun- 
ties not their residence. 

§ 824. Mining companies must make their returns in the County 
where the mine is worked, and those who have such plantations 
must make the returns for them, together with the stock and other 
property employed thereon, in the Counties where they are re- 
spectively situated. 



PT. 1.— TIT. 7.— CHAR 1.— Public Revenui:. 16o 

Article 4. — Taxes — how lleturned and Collected. 



§ 825. If there is a mine or plantation on the line between two Mine or 

. 1111 plantJitlon 

Counties, and in two or more Counties, the returns shall be made on county 

' ' . _ line. 

in the County where the improvements or most of the improve- 
ments are. 

§ 826. The provisions of the two preceding Sections apply to Non-rf^Bi- 

^ . . dents mclud- 

non-residents who hold such property in this State. e<J- 

§ 827. Lands and other property of non-residents must be re- EetumBcf 

turned and paid for in the County where the lands or other prop- dc/":,, etc. ' 

erty are respectively situated. 

§ 828. The returns of all banks, or companies, or persons, re- Ketume 

-quired to be made to the Comptroller General, must be in writing comptroller 

^ . . . ° GeneraLeta 

and sworn to by the presiding officer or agent of a foreign com- 
pany to be a just, true, and full return of the capital stock, net 
annual profits, or other property or effects, for which said bank or 
company is subject to taxation by the laws of this State. 

§ 829. Such payments must be made in the funds in which taxes PayHw^Bt— 
may be paid at the State Treasury, free of any expense to the 
State. 

§ 830. Returns of other companies and individuals may be made other re- 

. T . turns — hoTv 

by themselves or agents to the proper Tax Receiver, by the first made ; tax- 
day of July in each year, for property held and subject to taxa- 
tion on the first day of April previously ; and payments to the 
Tax Collector by the first day of October in each year. 

§ 831. When any of the oaths of a tax payer are taken h^ an Oatii of 
agent, there shall also, at the proper place, be inserted that he 
does so as agent for a certain person or persons, or company, 
naming them. 

§832. Such oaths taken by any one member of a firm ©r unin- oatiiofone 

, , partDsr suf- 

corporated company without a presiding officer, shall be sufficient ficie^t. 
as to said firm or company property. 

§ 833. They are taken before the Tax Receiver, who is author- oatiis— hoTr 
ized to administer them ; but the oath of non-residents, females, 
absentees, and sick persons, may be written out in full and taken 
before any person authorized to administer an oath, and delivered 
to the Receiver, who shall file such oaths in the office of the 
Clerk of the Inferior Court. 

§ 834. The entry in the digests of the tax payers' returns shall , Digest— 

" «/ o ir */ when evi- 

h^ prima facie evidence of his having taken such oath, and if aftT*^fJr2se 
false, he is guilty of false swearing and is liable to be indicted °^^^- 
and to be punished therefor, as prescribed for other cases of false 
swearing in the Penal Code. 



166 FT. 1.— TIT. T.— CHAP. 1.— Public Rev-enife. 



Article 4. — Taxes — ^liow Returned and Collected. 



§ 835. Each return shall be scrutinized carefully hj the Tax: 
In cau^» of Receiver, ami if in his jiulo'ment he shall find th€ property em- 

ftLw rt>tiirn ' . , t \ i • 

Tix Ke^viv- braced in tlie return, or aiiv portion oi it, returned below its 

er to assos^ " 

'^'**- value, he shall assess the value at oiice or \yithin thirty days 
thereafter. 

§ 836. If such assessment is not made bj the Receiver in- 
Subsequent staiitcr, he sliall give the tax payer notice' of his assessment, 
and in either case it shall be the tax payer's privilege to have h 
left to three disinterested persons, one of whom he shall select, 
the other shall be selected by the Receiver, and these two shall 
select a third if they disagree, a majority of whopa shall fix the 
assessment. 

§ 837. It is the privilege of any tax payer of the County 
Property whcre a return is made to complain to the Receiver at any time 

returned bo- -,,,■,.■>. . tit -ti i 

low its value before his digest is completed that any return is below the true 
value of the property; in which case he shall notify the person 
who made the return complained of, if practicable, verbally or hj 
writinsr, givins: him the name of complainant and the s-round of 

!^J CD <D 1 O 

complaint; and shall proceed to have a new assessment in the 
terms of the preceding Section. 

§ 838. Whenever such assessors are called in, they shall take 
Oath of as- an outh before the Receiver to do justice between the parties at 

sessors. . i • i 

variance touching the true assessment of the tax return. 

§ 839. When a tax payer has been returned as a defaulter and 
DeCiuitin- doublc taxcd, either by the Receiver or Collector, the Justices of 

tax payer — 

kow re- the Inferior Court are authorized to relievo the defaulter of the 

lieved v/hen 

double tax- penalty for default at the time said Justices allow the Collectoi? 
his insolvent lists, provided that said tax payer shoves to such 
Justices, by satisfactory evidence, that either from providential of 
other good cause he had not an opportunity to make his return 
to the Receiver of Tax Returns, and at the time of such release 
promptly pays his proper tax and one dollar to the Collector as 
his fee, the Collector shall promptly inform the Comptroller Gen- 
eral of such release and the amount of taxes paid. 

§ 840. All defaulters m.ay at any time and for the sanae causes^ 
Dofaniterr, beforc thc digcst is made up and ready to be sent to the Comp- 

edfromdou- trollcr, savG the double tax by likewise givinar in to the Clerk of 

ble tax. . "^ to fcs 

the Inferior Court and paying him one dollar, who shall give sa 
copy of such returns instanter to the Receiver, and he shall enter 
it in the several digests. 

§ 841. The Clerk, in the cases set forth in Sections 839 and 



PT. 1.— TIT. 7.— CIIAP. l.—PuiJLio Revenue. 167 



Article 4.— Taxes— how lieturned and Collected. 



840, shall require the tax payer to swear to the cause of his de- j>(fauiter'B 
lay, and shall state the same in the copies furnislied the Comp- 
troller or Receiver. 

(^ 842. The Comptroller General shall furnish all the Receivers , comptroi- 

^ '■ ler General 

of Tax Returns with a sufficient number of blank forms to con- to fumiHh 

K a c e I V (• ra 

form to the tax laws, by which they shall make out their three Wank forma, 
diorests, and each digest shall be of uniform size, and when re- Digests— 
turned shall be bound and labeled. 

§ 843. In making a return of taxable property, the person re- ^^Jj^;^"^" ^^ 
turning, when making a general return, shall give in each tract ^^'^'^- 
or lot of land he may own, specifying its location by number, 
district, and section, if known, the number of acres, if known, 
and its aggregate value, in which must be included the value of 
the buildings, machinery, toil bridges, ferries, or other improve- 
ments thereon or appurtenant thereto. 

§ 844. Such, together with the returns of personal estate and Eetums— 

" ' o i lio^ entered 

Other interests the subject of taxation, must be returned and set i^ digests. 
down in the digest in separate columns according to the classifica- 
tion furnished the Receivers by the Comptroller General in each 
year, and their aggregate value carried out, less the exemptions, 
such being specified. 

§ 845. The Receiver must make out three of such digests in a xumberof 

° discests — to 

fair and legible handwriting, and furnish, by the first day of Au- ^\^!'™ ^"- 
gust in each year, one to the Comptroller General, one to the 
Clerk of the Inferior Court, and one to the Tax Collector. 

§ 846. If a Receiver makes a mistake in his digest, it is the Mistakes 

'-' In— howcor- 

duty of the Comptroller General, with the sanction of the Gov- rected. 
ernor, to correct such mistake by making the necessary entries in 
the digest furnished the Comptroller, and must in writing notify 
the Clerk of the Inferior Court and the Tax Collector of the 
County from which such digest comes of such mistake and correc- 
tion. 

§ 847. If, by reason of such mistake, or from any other cause, .'^^^ o'^fr- 
a tax payer's money is in the Treasury for a greater amount ^^^"P''';'^ 

y t/ t/ ./ o when in tiie 

than he is liable for, of which such officer is clearly satisfied, he Treasury. 
may certify the same to the Governor, who shall, if he approves, 
draw his warrant on the Treasurer in favor of such tax payer for 
the proper amount, out of any moneys not otherwise appropriated. 

§848. If such mistake is ascertained before the Tax Collector Andbofore 

reaching the 

has paid the amount into the Treasury, the Comptroller General, Treasury. 



168 FT. 1.— TIT. 7.— CILiP. 1.— Public Revenue. 

Article 4. — Taxes — lunv Ixetiirned mid Collected. 



QASOS. 



Tvith the sanction of the Governor, shall authorize such Collector 
to refund the amount, or if he has not collected it, to order him 
to desist. 

§ 849. When any similar cases arise which are doubtful in the 
Doubtful opinion of the Governor, he shall refer the matter to the General 
Assembly. 

§ 850. If a person fails to make a return in whole or in part^ 
Defaulters or fails to affix a value to his property, it is the duty of the Re- 

to be doubly . i i i • i i • i i 

taxed. ceiver to make the valuation and assess the taxation thereon, and 
in all other respects to make the return for the defaulting person 
from the best information he can obtain, and having done so, he 
shall double the tax in the last column of the digest against such 
defaulters, after having placed the proper market value or specific 
return in the proper column ; [ and for the second year's default 
the defaulter shall be taxed fourfold, and increasing in the same 
ratio until a return is made.] (a) 

§ 851. If there is taxable property, real or personal, in a 
Property Couuty, cxccpt vacant or wild lands, that to the satisfaction of 

not returned ^-r*. ^ t i ^ i - t • -i 

to be doubly tne Receiver, when he comes to conclude his di2i;est, is not returned 

taxed by Ke- i i i i , 

c^^iver or bv auv persou, and he does not know the owner or possessor, it 

Collector. J J f ^ ^ .... 

is his duty to assess and double tax it, describing it particularly ; 

and the same power is conferred to the Tax Collector as to such 

property, when not assessed or overlooked by the Receiver. 

§ 852. If persons who are required to give in land in the 

When de- Couutics whcrc situatcd fail so to do, they shall be liable only for 

ibbie" for the real tax assessed by the Receiver, unless they fail to pay the 

amount by the time required; in which event the Collector shall 

collect the double tax and issue process therefor. 

§ 853. All persons who give in property for persons not resi- 
non-rc-si- dcnt in the State shall be personally liable for the taxes, as well 

dents per- , ^ x ./ / 

sonaiiy lia- as the principal and his property. 

§ 854. The several Collectors must pay into the State Treasury 
When Col- the taxcs of their respective Counties by the twentieth day of 

lectors 'to ^ "^ "^ 

pay taxes in- Dcccmber of cach year, and shall at the same time present their 

to Trf-asury . . "^ ^ 

and pn5M.nt insolvent Hst, duly certified to have been allowed them by the 

insolvent Ijkt ' ^ j 

Grand Jury, or the Justices of the Inferior Court if the Grand 
Jury has not acted in the premises. 

§ 855. [Such insolvent lists shall be presented and allowed as 

(a) Acts of 1863-4, pp. 49, 50. ' 



PT. 1.— TIT. T.— CHAP. 1.— Public Revenue. 169 

Article 4. — TtixcB — how Returned and Collected. 

follows: The Tax Collectors in every County shall, on oatli, be ir.nfAvent 

. ^ n 1 J '»t«— how- 

obliged to lay before the Grand Jury or Inferior Court of each auow^^rj. 

County a list of such insolvents as may be in such County, who 

shall allow or disallow the same.] (a) 

§ 856. [The said Inferior Court or Grand Jury may at any insolvent 
time before the fifteenth day of December in each year, allow said allowed, 
insolvent lists, and such lists can be allowed or disallowed either 
upon the list of names furnished by the Collector on oath as re- 
quired in the preceding Section, or on fi fas with the proper 
entries thereon.] (a) 

§ 857. [The Inferior Courts or Grand Juries in making out On what 
such lists shall be required to state how much is allowed the Col- 
lector on account of the State tax, and how much is allowed on 
the County tax.] (a) 

§ 858. [When the Collector shall have his insolvent list credited inferior 

, , Court to re- 

it shall be the duty of the Inferior Court or Grand Jury to retain tain a copy 

•^ . , ^^ . of list. 

a copy of such list and direct the Collector to issue executions 
for the same, and place them in the hands of some Constable of 
the County for collection, who shall be entitled to the same fees 
as he is entitled to for other executions, and two and one-half per 
centum, and the balance shall be paid by the Constable to the 
Clerk of the Inferior Court, whose duty it shall be to transmit the 
same to the Treasury.] (a) 

§ 859. When such lists are allowed they must be entered on the Disposition 
minutes of the Court, and the Clerk thereof must furnish the ust when ai- 

lowed. 

Collector certified copies thereof, stating in the certificate when 
and by what tribunal allowed. 

§ 860. [Whenever the Comptroller General shall be satisfied that Comptroller 

m/~in 1 '11 I'T • ^ ' m i General to 

a Tax Collector has exercised due diligence m nis efiorts to nave ^ait for in- 
his insolvent list allowed by a Grand Jury or the Inferior Court, —'^ow long. 
within the time prescribed by law, the said Comptroller General 
shall be authorized, if in his judgment the public interests will not 
suffer thereby, to wait with the Collectors fifteen and not exceeding 
thirty days for said insolvent list before issuing fi. fa. for the 
same.] (b) 

§ 861. They shall not, under any circumstances, be allowed or wiiennot. 
credited with such lists after executions are issued ao;ainst them 
for taxes, until they go to the Comptroller General and settle 
fairly and fully with him. 

(a) Acts of 1861, p. 80 ; Acts of 1857, p. 133. (b) Acts of 1861, pp. 80-1. 



170 n. 1.— TIT. 7.— CllxVr. 1.— Public Revenue. 

Article 4. — Taxes — how Returned and Collected. 



§ 8<32. The time bj which digests shall be completed and the 

When taxes paid does not apply to Receivers and Collectors who have 

crnntoa to ^ot been in office lonc^ enou'2;h to make such compliance, but m 

11 oce Ivors o o x ^, 

ana oi.uoc- c^]\ s^(>]| cascs such officer must respond to the requirements of the 
Comptroller General. 

§ 8Go. Such officers arc not liable for the penalties fixed for 
Nowiyoi- those regularly elected, nntil the time allowed by the Comptroller 
ceivcrs ami General has expired, unless they have been so long in office as 
havo lime, would liavc bcon Sufficient for the regular officers. 

§ 864. It is the duty of the Collector to examine the digest of 

coiioctor the Receiver, and if he knows of any default not entered, to make 

Ech'-iuie of a schedule of such in the same manner as done by the Receiver, 

defaulters 

and tn dou- and of any other that he may then or afterwards learn, and oi 

ble tax the "' *^ ' 

s:mie. their property, and assess a double tax in the same manner the 

Receiver is allowed to do, one copy of which shall be furnished 

to the Comptroller General to add to the digest in his office, and 

another to the Receiver, who shall likewise correct his digest. 

§ 865. And in other cases where any unexpected obstacles occur 

comptn.iier to complctino; the dio;est or payina; over the taxes within the time 

General may ....... ^ 

allow fur- prescribed, it is in the discretion of the Comptroller General to 

ther lime. ^ ^ ^ ^ 

allow further and sufficient time. 

§ 866. Receivers and Collectors are required to receive the 
Taxes for retums and to collect the taxes thereon for former years, when 

former years ^ "^ 

—how • re- any person or County are in default, which taxes shall be assessed 

turned and •' -"^ "^ ' 

collected, accordiug to the law in force at the time the default occurred, and 
shall be so specified in the digest. 

§ 867. The estate of any person shall not be liable for default 
Estate not whcu Said pcrsou may have died before the time expired for 2;iv- 

liaMe for de- . . ^ "^ . . 

fault --when; inor in taxcs for the year, and the representatives or any heir may 

and in no ^ t/ ^ r ./ ^ 

doubi -"tax^ give in the same, and in any event, for that year, such estate shall 
cd_^ u.e first not bc llablc to double tax. 

§ 868. [The Surveyor General is authorized and required to have 
Secretary published a sufficient number of maps of those lands which have been 

of bViX^ to * ^ 

furnish maps surveyed as will enable him to furnish each Receiver with two, em- 
bracing all the lands in his County, and one to file in the Clerk's 
office of the Superior Court.] (a) 

§ 869. [Each Receiver shall make a separate digest of all the 

Digest of lots or parts of lots in his County which have not been returned 

(except the same be in a town or city), and shall designate by ap- 

(a) Acts of 18G6, pp. 166-7-8. 



PT. 1.— TIT. T.—CIIAP. l.-P[;iiLic Revenue. 171 



Article 4. — Taxes— liow Kelurned and Collected. 



propriate letters, whether thoy be improved or unimproved lands. 
Ho shall forward a copy of said di;:^cst to the Comptroller Gen- 
eral's office. The improved lands not returned shall be assessed 
and the tax collected as is now required by law.] (a) 

§ 870. fit shall be the duty of the Receiver to require all per- T^nd»t..h^ 

•^ L J i A rcturrifefl by 

sons making returns of land in his County to return the same by riumu-r, ete. 
district, number, and section, if the lands have such designation ; 
and where lands have no such designation, then by such descrip- 
tion as will enable the Receiver to identify them. Receivers are 
prohibited from receiving any return of lands which does not so 
designate them, and the Comptroller General is prohibited from 
allowing any Receiver compensation or per centage for his ser- 
vices who receives returns in any other manner.] (a) 

§ 871. [All persons owning improved lands which have a tenant jaJiT. w'Se 
or tenants thereon, shall return the same in the County where the ^e^'^''^*^^- 
land lies.] (a) 

§ 872. [AH persons ownina; unimproved or wild lands, in Coun- wild lands 

'- •*■ . . — where re- 

ties without the County of their residence, shall be required to turned. 

make returns of the same to the Comptroller General, or to the 

Receiver of the County, where the land lies. Said returns may be 

made by forwarding by mail or other safe conveyance to either of 

said officers a statement, under oath, of the lands owned and the 

value thereof ; and when the rate of the ad valorem tax has been 

fixed, and the collection of taxes ordered, the taxes due upon said 

wild lands shall be paid to that officer to whom the return was 

made.] (a) 

§ 873. [When the several digests of the Receiver of Tax Returns Comptroi- 
of the several Counties of the State have been received, it shall list of unre- 

turned wild 

be the duty of the Comptroller General to compare said returns ^''^^^^s. 
with each other, and to make out a complete list of all the unim- 
proved or wild lands not given in.] (a) 

§ 874. [When such list is completed, the Comptroller General ^^^^t to be 

■- 1 ^ i advertised. 

shall, for sixty days, make advertisement of the same in one news- 
paper in each Congressional District, and require, in said publica- 
tion, the owner of said lands to come forward and give in and pay 
taxes upon said lands, and in default thereof that said lands will 
be sold. A copy of said list shall be furnished the Clerk of the 
Superior Court of each County in the State, who shall post the 
same in his office.] (a) 

(a) Acts of 1866, pp. 166-7-8. 



172 



PT. l.—TIT. 7.— CIIAr. 1,— ruBLic Revenue. 



Article 4. — Taxes — liow Returned and Collected. 



be sold. 



§ S75. [On the expiration of the time of advertisement, the 
rnrotiirnod ComptroHcr General shall issue execution against all unimproved 

riia huids to ^ .111 \ n 

lands not returned, assessing the value at the average value of 
such land in the County where it lies, which execution shall be 
directed to the Sheriff of the County where the land lies, and the 
Sheriff shall forthwith proceed to advertise and sell the same un- 
der tlie same rules and regulations as govern other Sheriff sales, 
and make his returns to the Comptroller General.] (a) 

§ 876. [The owners of any lands thus sold for taxes shall have 



ownormr.jthe privilcgc of redccmmg the same at any tnne within two years, 

redeem. i • i i i p , . , i 

by paying to the purchaser the amount ot his purchase money and 
costs, together with interest at the rate of ten per cent, per an- 
num thereon ; or on making satisfactory evidence of his title to 
the Comptroller General, he may receive the purchase money, less 
the amount of taxes due thereon and the cost expended in collect- 
ing said tax.] (a) 

§ 877. [No sale made under the 875th Section of this Code 
Sale shall sliall, in any way, operate to affect or defeat the title of any mi- 
minors, etc. nor, idiot, or lunatic of this State to the land.] (a) 

§ 878. If the duties which this act imposes upon the Comptroller 
Additional General, in the opinion of the Governor, requires additional assist- 
comptroiier. ancc, the Govcmor, is authorized to employ an additional clerk 
in the Comptroller's office for that purpose.] (a) 



ARTICLE V. 

DELINQUENT TAX PAYERS, AND PROCEEDINGS AGAINST THEM. 



Section. 

879. Defaultin;? corporations. 

880. Forfeiture of charter, etc. 

881. Penalty where none is fixed. 

882. Default tax on foreign corporations. 

883. Penalty on lottery dealers. 

884. Asisessraents in absence of returns. 

885. Fi. fa. VH. corporation. 

880. Fi. fa. VH. a{?ent — how executed. 

887. Duty of collecting oflicer. 

888. Pvclief of one unjustly put in default. 

889. Collector's fi. /a.— how issued, etc. 

890. Fees of officers. 

891. By whom and how executed. 



Section. 

892. Authority of Constable. 

893. Sales under tax fi. fas. 

894. Excess — how disposed of. 

895. Conveyance to purchaser. 

896. Purchaser to have possession. 

897. Property exempt from sale. 

898. Claims — condition of claim bond. 

899. Unreturned property — proceeding. 

900. Owner may redeem land sold. 

901. Tax fi. fa. runs to any County. 

902. Penalty against defaulting brokers. 

903. Defaulting corporations, etc. 



§ 879. If any corporation, company, person, agency, or insti- 



(a) Acts of 180G, pp. 16G-7-8. 



PT. 1.--TIT. 7.— CIIAr. 1.— Public Ujjvenue. 173 



Article 5.— Delinquent Tax Payers, and Proceedings against them. 



ral 



tution, who are required to make tlioir returns to the Comptroller j^cvyni,troj 
General, shall fail to return the taxable property or specifics, or j,^ ^"'^^.luii 
pay annually the taxes for which they are liable to the State ';l^!;;!^''^^'' 
Treasurer, the Comptroller General shall issue against them an 
execution for the amount of taxes due, according to law, together 
with the costs and penalties. 

^ 880. The penalty ao-ainst all such corporations shall be tlie Pc-naity 
forfeiture of their charters, and if not chartered by this otate, linqufcnt in- 

", corporationB 

then the immediate suspension of their business therein. 

§881. The penalty or default tax on banks, railroads, and renaity 

'J t »/ ' ^ against cor- 

other corporations, where there is no special provision, shall be i^Y^*"^^^'^"^ 
three times the amount of their lawful tax. 

§ 882. The penalty or default tax on foreign insurance compa- ^ ^^^^I'^f^l 
nies shall be five hundred dollars ; on foreign bank agencies, two ^j^^'^ compl- 
thousand dollars; on express companies, ten thousand dollars. nifes,c-tc. 

^ 883. The penalty on lottery dealers, if there should be any Penalty 

'^ r v' V ' ^ J ajrainst lot- 

authorized by the laws of this State, shall be three times the tery dealers. 
amount of the taxes assessed. 

§ 884. AVhen there is no return by which to assess the tax, the where 

DO r6turn 

Comptroller General shall, from the best information he can pro- comptroller 

. , . . General to 

cure, assess in his discretion. assess tax. 

§ 885. The executions issued by the Comptroller General Ft. fas. 

'' ^ ^ issued by 

against any bank or other company shall be directed to all and comptroiie'r 
sino;ular the Sheriffs and other lawful officers of this State, with ?,?ainst a 

o ' Company — 

directions to levy the same on the property of the corporation or ed^'^gtc^^^^*' 
company, with power to issue and serve garnishments upon the 
debtors of the corporation. 

§886. The executions against agents of foreign institutions as Fi.fas.va. 

f, 'Tini • ^ • ' ' ^ ^ • agents of for- 

aioresaid snail be ap-amst the principal a2;ent or his successor, eign compa- 

J. J. o nies. 

and shall authorize the officer to levy on all the property of the 
agency, to seize its money, notes, or other effects. 

§ 887. When an officer collects money on such process, or on Money 
any other issued by the Comptroller General, he shall, without above /./««. 

'^ . '^ . to be imme- 

delay, remit the same to him by some safe and speedy method, di^teiy sent 

'^ , , , ^ It/ 'to Comptrol- 

and on failure to do so, is liable as he would be to other plaintiffs. ^^^ General. 
§888. When a person shall have lawfully returned and paid one^rong 
his taxes in one County, and is treated as a defaulter in another defaulter — 
for the same tax, or any portion thereof, the Grand Jury or the ed. 
Justices of the Inferior Court of the County claiming the tax 
may discharge said defaulter, which will exempt him from liability 



1T4 TT. 1.— TIT. 7.— CHAP. 1.— Public Revenue. 

Article 5. — Delinquent Tax Payers, and Proceedings against them. 



for it, and shall authorize the Comptroller to credit the Collector 

for the same, and the Governor to draw his warrant therefor. 

§ 889. Executions for non-payment of taxes against persons 

T:»x Col- -who are not required to pay to the Treasurer are issued by the 

/.i>\ — wiu>n Tax Collectors or their respective Counties as soon as the last 

anil ho'.v is- i • i i 

sueii. clay for payment has arrived, and must be directed to all and 

sintrular the Sheriffs and Constables of this State. 

§890. [Tax Collectors shall be allowed a fee of fifty cents for 
Fecforis- issuino; tax fi. fcis. : but no Tax Collector, Sheriff, or Constable, 

suiiJiT Tax . . ^ 

ji./us. shall receive costs on said fi. fas. unless the same be collected 
from the defendant.] (a) 

§ 891. Executions may be levied by either of the officers to 
i5r whom wfiom directed, or other officer who by law may be authorized in 

levied and ' . . *^ "^ 

sales uuder. their place : when the principal amount does not exceed fifty 
dollars, the levy and sale must be made by a Constable, and not 
otherwise. If the Constable levies on land, it must be returned 
to and sold by the Sheriff of the County. 

§ 892. The Tax Collector may place his fi. fas. in the hands of 
majMctv'in any onc Constable of the County, who shall be authorized to col- 
the County. Icct or Icvy the same in any part of the County. 

§ 893. Sales under tax fi. fas. shall be made under the same 
tax //^A'lr ^'^^^s governing other judicial sales. 

§ 894. If there is any excess after paying taxes and all ex- 
Excess— penses, it shall be immediately paid to the person authorized to 
how paid. ^ . . "^ ^ ^ 

receive it. 
Deed made §895. Thc dcod or bill of sale made by such officer shall be 

at sale under ^ • 

tax 7f. /a. just as Valid to the purchaser as if made under the ordinary pro- 
cess of law issuing from the Superior Court, 
p jt'^imrdias*^ § ^^^' ^^^® officcr Selling has the authority to put purchasers 
6ioa"ofTand" ^^ posscssiou of land sold, as in other cases. 

Property § ^97. Property exempted from levy and sale ordinarily, is ex- 
ex^empt rom ^.j^pteJ ffom Icvy and sale for taxes. 

§ 898. When property is levied on under a tax fi. fa. issued 
h^^t^u'r"!ol ^'^^^^^^ ^^J the Comptroller General or Tax Collector, it may be 
^^ fa!\^]Tv- claimed by a third person and tried in the same manner as other 
in't' to 'ui've claims are, except that the claimant shall give a bond and secu- 
IT'iumg Is ^i*^y fo^' the eventual condemnation money, and if found subject, 
bo"ndV^'^* «uch claimant and his sureties shall be in all respects liable as 
on appeal bond. 

(a) Acts of 1861, p. 80. 



PT. 1.— TIT. 7.— CHAP. 1.— Public IIkvextte. 



175 



Article 5. — Delinquent Tax PayerB, and Proceedings against them. 



§890. When property in assessed for taxes which has not boon ivoprrtv 

^ ^ </ not retiirrir-a 

returned by any one, as soon as assessed the Tax Collector shall ^>^i\ j^H-'-'^t'i 

^ <i ' to hi: »oul or 

at once issue an execution against it for the amount due and costs, ^'J^'"^' "-y: 

o ' plus paid 

and the Sheriff shall advertise it for sale in some public gazette atK^miiT'iJi 
ninety days before the day of sale, and if by said day the taxes Seyviner.^ 
are not paid, it shall be sold, provided renting or hiring -vvill not 
bring the requisite amount. Whatever overplus there may be 
shall be paid over to the Ordinary as a part of the Educational 
Fund, with a statement of the property and account of sales, sub- 
ject to the claim of the true owner within four years. 

§ 900. Whenever any land is sold by virtue of a tax execution i-and s'.w 

^ J <J under tax 7?, 

issued under this Code, the owner thereof s.hall have the priviler^e/''^; "'»>• t»c 

^ ^ ^ redeeineu by 

of redeeming said land thus sold within one year by paying the ^^^n^i-. 
purchaser the amount paid by said purchaser for said land, with 
ten per cent, premium thereon, from the date of the purchase to 
the time of payment. 

§901. If there is not sufficient property in the County w^here Tax/. /a, 
the tax payer resides to satisfy the taxes, property situated in co°uuty. ""^ 
any other County is the subject of levy and sale. 

§ 902. If any broker, private banker, or exchange merchant, or Bmters, 
their ag-ents, in this State, fail to return the amount of capital t» rcnn-n 

, ^ . ^ rvniount of 

they intend to employ during the year, they shall pay a tax of ^^J''J^' ^^^^^^ 
five hundred dollars, to be levied and collected as other taxes. 

§ 903. Any incorporated or other company makino; default, DefimiriTig 
shall be taxed by the Collector as such defaulters are by the 
Comptroller General. 



ARTICLE yi. 



DELINQUENT TAX RECEIVEllS AND COLLECTORS, AND PROCEEDINGS 

AGAINST THEM. 



Section. 

904. Penalty for not completing digest. 

905. Penalty for improper digest. 

906. Penalty for useless digest. 

907. Receivers' liability— how enforced. 

908. Penalty for false digest. 

909. Penalty for deceiving tax payer. 

910. Altering digest by Collector. 

911. Fi.fa. vs. Collector and sureties. 



Section. 

912. Amount of penalty. 

913. Fi.fas. vs. Tax Officers. 

914. How Ji.fa. may be suspended. 

915. Property bound from date of bond. 

916. Sales under fi.fas. vs. Tax Officers. 

917. Collector must await digest. 

918. Mustgiveboud, etc., before he collect 



§ 904. If a Tax Receiver fails to have his digest completed and 
deposited by the first day of August in each year, unless excused 



176 PT. 1.— TIT. 7.— CIIAr. 1.— Public Revenue. 

Article 6. — Delinquent Tax Receivei*s and Collectors, and Proceedings against them. 



Eocoivor bv tlic tei'iiis of tliG law or by the Comptroller General, he forfeits, 
cimipiote iM- for cverv "week s delay, one-tenth oi his commissions ; and ii the 

gest to for- * . 

feitcommis- delay cxtends beyond thirty days he forfeits one-half his commis-- 
sions ; and if beyond the time when the Governor and Comptroller 
fix the rate per cent., he forfeits all his commissions. 

§ 905. If he fails to make out his digest in the manner pre- 

Fiiiiin? to scribed by law, or to comply with the directions given him by the 

rK>rdi!:ost,to Comptroller General, in so doino; he forfeits one-half his commis- 

forfcit half , ^ ^ ° 

couiuiissions SIOIIS. 

§ 906. If such digest is made out so badly as not to answer the 
Makin? ft purpose of the tax laws, he forfeits all his commissions, and must 

useless '^i", -\ o rviiT* p ^ -r r> r^ 

gest, to for- be removed from office by the Justices of the Inferior Court, on 

feit all com- '' ^ 

missions. -iiui the rcouest of the Comptroller General. 

be removed. ^ ^ 

§ 907. If he receives commissions, which he is not entitled to 
Becoming reccivc or retain, or in any other manner becomes possessed of 

indebted to \ "^ . . 7 . 

the State— any money belonginaf to the State, or incurs any liability thereto, 

process to "^ "^ ° ° ^ t/ »/ ? 

j^^^-^ "^'^'^st the Comptroller General is authorized to issue execution or other 
legal process against him. 

§ 908. If a Receiver makes a false return in either of his di- 
Making gests, exprcssivo of more than is returned, he shall forfeit to the 

false return . . . ^ ^ t-pi 

to answer to party aofp-rieved, m all cases, one hundred dollars, and it the 

party v^z- ^^ . . 

grieved. " amount out of which such party is defrauded by such return is 
more than one hundred dollars, then ten dollars for every one dol- 
lar over that amount, to be recovered by a qui-tam action. 

§ 909. If, by any device, intentionally, he causes the tax payer 
Liable for to pay morc than his lawful tax, the provisions of the preceding 

deceiving 

ux payer, feection apply. 

§ 910. If any Collector, with fraudulent intent, alters the digest 
Collector rendered to him, or any other of the digests of his County, he is 

fraudulently . ' '^ , . ° . , , . . 

altering di- guilty of forgery, and, on conviction, shall be punished by impris- 
offo'rgerj'. Qument in the penitentiary for not less than two nor longer than 
ten years. 

§ 911. If any Collector shall fail to settle his accounts with the 
Execution Comptroller General in the terms of the law, he shall issue execu- 
orSre'to^^^^ against him and his sureties for the principal amount, with 
counts'*^ ^''' *^^ penalty and costs. 

§ 912. The penalty is twenty per cent, per annum, upon the 
Amount of amount retained, from the time of default until paid, which in- 

penalty. i i • - ,. 

eludes interest. 

§ 913. All executions and other process against Collectors and 



PT. 1.— TIT. 7.— CHAP. 1.— Public Revenue. 177 



^rf\n^J\ Cy — T)olinfnir>n<: Tii v MccwUrcvu ji'kI (\\]]('ci(\vn anfl P?-Of,P.f>flinf''M fi<rnmnt IliC-rn. 



Receivers must be directed to all and sinn^ular the SberifFs of this Fi/af,. 

" a^alnHt Col- 

State, and must be executed by them, their lawful deputy, or other i;;Ctor*-ijow 

■ J y i. ti } dirf.cfea ana 

oiUcer lawfully in their stead. executed. 

§ 914. Executions so issued shall not bo suspended or delayed Not to \,<t 

^ 8U8pended, 

by any judicial interference with them, but the Governor may sus- '-'c. 
pend the collection not longer than the next meeting of the Gen- 
eral Assembly. 

^ 915. The property of Collectors, Receivers, and of their sure- rropertyof 
ties, is bound, from the execution of their bonds, for the pay- I'^ecfcivcrs, 
ment of taxes collected and the discharge of their duties. 

§ 916. The proceedings in selling property under such execu- Levy and 
tions must be the same as under fi> fas. issued from the Superior .>^. /««., etc. 
Court. 

§ 917. If any Collector shall collect, or attempt to collect, any Collector 

1-n- -I TT 1 -TT'T not to collect 

taxes before the Receiver has completed and transmitted his di- taxes, etc. 
gest to the Comptroller General, unless specially so ordered by 
such officer, or allowed by special enactment, he forfeits to the 
State double the amount so collected, or attempted to be collected, 
to be recovered by execution issued by the Comptroller General. 

§ 918. If any Collector collects, or attempts to collect, any tax Coi'ector 

•^ . 7 1 7 J not to collect 

before he has 2;iven and had approved the necessary bonds and tax before 

^ ^ ^ ^ *" ^ giving bond, 

security, and taken the oaths of office, he is guilty of a misde- etc 
meaner, and, upon indictment and conviction, shall be fined not 
less than one hundred dollars, and, in addition, double the amount 
so collected, and in default of payment three months' imprison- 
ment in the common jail. The Governor may vacate the commis- 
sions of defaulting Tax Collectors, or of Tax Receiv€^rs failing Governor 
or refusing to do their duty, and in such event the vacancy shall SSmissio'n! 
be filled in the manner prescribed for other vacancies. 



ARTICLE VII. 



TAX RECEIVERS. 



Section. 

919. How Receivers are elected, etc. 

920. Vacancies — how filled. . 

921. Receiver's oath. 

922. Liability on bond. 

923. Receiver's duties specified. 

924. His failure to advertise no excuse. 



Section. 

925. Penalty for refusing return. 

926. Party refused, etc. 

927. Clerk must forward returns. 

928. Claim of right to assess — no refusal. 

929. Receiver's pay from County. 



919. Tax Receivers shall be elected on the first Wednesday in 
12 



ITS PT. 1.— TIT. 7.— CHAP. 1.— Public Revenue. 

Article 7. — Tax Receivers. 

Tax Re- January of each year, for the term of one year, and are comniis- 
eimet"i,otc. sioned and qualified as Clerks of the Superior Court are. 

§ 920. Yacancies are filled as vacancies for such Clerks, but if 
Vacancies there is not time to fill the same by the first day of May in each 

—how filleil. . J ^ J J 

year by election, the Justices of the Inferior Court shall appoint 
one, who shall discharge the duties of the office for the balance of 
the year. 

§ 921. Such Receiver, whether elected or appointed, before 
EeceiTci'f entering on the duties of his office, besides the oath required of 
all civil officers, must take and subscribe the following oath : 

"I swear that I will truly and faithfully perform the duties of 
Receiver of returns of taxable property, or of persons or things 
specially taxed in the County to which lam appointed, as required 
of me by the laws, and will not receive any return but on oath or 
affirmation, and will, before receiving returns, carefully examine 
each, and will, to the best of my ability, carry out all the 
requirements made upon me by the tax law. So help me God." 

[He shall also at the same time give bond and security in a 
Shall give g^ni cQual to onc-half of the amount of the State tax, supposed 

bond and se- -"^ 7 i x 

curitj. to be due from the County, for the year in which he shall give 
bond; the amount of said bond to be filled up by the Comptroller 
General before being sent out to the several Counties from the 
Executive Office.] (a) 

§ 922. Receivers and their sureties are liable on their bonds for 
Liability all penalties or forfeitures they may incur under the law, and for 

oiEeceivers, *■ ./ ./ / 

«=tc. all losses, or damage, or expense the State may sustain by reason 

of their conduct. 

§ 923. It is his duty— 
Dnties of 1- To reccivc all returns of taxes within the time and in the 
eratfcd. manner prescribed by law. 

2. To make out and perfect the three digests in writing and 
figures plainly, legibly, and neatly, and to properly deposit them. 

3. To give ten days' notice in writing of the several times 
and places at which he will attend in the several Militia Districts 
of the County, for the purpose of receiving tax returns. 

4. To attend at such place at least three times during the time 
allowed in which to make returns. 

5. To keep a standing advertisement as to the day or days 
when he will be at the County site for such purpose. 

(a) Acts of 1863-4, p. 124. 



um 



PT. l.-^TIT. 7.— CHAP. 1.— Public Revenue. 170 

Article 7. — Tax Receivers. 

6. To receive tax returns at any time wlien a tax payor applies 
to give in. 

7. To embrace in Kis digest to die Comptroller General, the 
Clerk of the Inferior Court and the Tax Collector, respectively, 
a list of all defaulters, and the amount of their true and double 
tax, and of all property assessed by them and returned by no 
one, or other special action had in conformity to the laws. 

8. To publish at the door of the Court House for thirty days 
lists of all the defaulters and the amount of their double taxes. 

9. To take from each tax payer resident of the County at the 
time of receiving his tax returns the number of his own children 
between the ages of six and eighteen years, and those for whom 
he is guardian, and enter the same in the proper place and column 
in the digests. 

10. To assess upon the digests deposited with the Clerk of the 
Inferior Court the County taxes according to law, and the rate 
per cent, levied by the Justices of the Inferior Court. 

11. To conform to such rules as he may be furnished with, and 
to obey such orders as may be given by the Comptroller Greneral. 

12. To perform all other duties that the law requires, and 
^hich necessarily under the law appertain to his office. 

§ 924. It shall not be an excuse to any person for not making xegiigenoe 

f* 1 ' 11 • 1 i-r»' 111^^ Receiver, 

a return oi his taxes as the law requires, that the Keceiver should etc 
fail to advertise or fill his appointments. 

§925. If any Receiver refuses to receive any return of taxes Eefasaiof 
when properly tendered, and in presence of a witness, and in the receive re- 

. .... . turns, etc. 

time the law requires, he is guilty of a misdemeanor, and on in- 
dictment and conviction, shall be fined not less than fifty dollars. 

§ 926. The person whose return is thus refused may save a c>nc whose 

••- *' return lias 

double tax by making his return to the Clerk of the Inferior Court, ^^} ^:?'-'^ ^^ 

tJ o 7 ceived, etc. 

together with an affidavit in writing that he tendered said return 
to the Receiver, stating the time when, place where, and persons 
present, and that it was refused. 

§ 927. Such Clerk shall forward a copy of said return and affi- , ^^^l^^^ T 

'^ i^J turn IS made 

davit to the Comptroller Greneral instanter, and retain the originals, J^^f e^iJ^r 
for which he shall be entitled to one dollar from the tax payer. ^'^"^"^" 

§ 928. The claim of the Receiver to assess a tax payer's prop- ^f-^^ ^eS,^? 
erty is not a refusal to receive a return. ''^*^- 

§ 929. The County shall pay the Receiver one-half of what the pay,'etc! '^'''^ 
Collector gets for collecting the County tax. 



18''.^ 


PT. 


1 - 


TTT 7 nFAP 1 VvTZTin KvArVT^-V. 










A ,.*;olr, O ••T'.^•.- 0^11^NO*/^>.r. 





ARTICLE VIII. 



TAX C L L E C T E S 



Section'. 

OiW. "Kl.H>tion and qun.lification. 
931. Vacancies — how filled. 
i132. Collector's oath. 

933. Collector'^ bond. 

934. Bond for County tax— how approved. 



Section. 

985. Mupt g-ive bond bf*foro ho collects. 

936. County Collector appointed — when. 

937. Collector's duties spcciiied. 

938. His failures no excuse for others. 



§ 930. Tax Collectors are elected at the same time, in the same 
Eiocfion. maimer, for the same term of office, and are commissioned and 

oom!r.i?5i on 

of Tax Col- qualified as Tax Receivers. 

lectors, etc. ^ 

§ 981. Vacancies are filled as they are in the office of Receiver, 

Vacancies and Sectioii No. 920, respecting Receivers, applies to Collectors, 

^how filled. ' ^ ^ ' ^^ ^ . . ' 

except so much thereof as fixes the first day of May, and in lieu 

thereof for Collectors the first day of August shall be the time. 

§ 932. Before entering on the duties of his office, besides the- 

coiieetor's oath required of all civil officers, he shall take and subscribe the 

following oath : 



"I, 



'ax Collector of the County of 



do swear 



that I will faithfully discharge the duties required of me by law 
as Tax Collector, and that I will search out and make a true return 
of all defaulters, polls, professions, and all taxable property not 
found on the Tax Receiver's digest, or not returned to the Clerk 
of the Superior Court by the fifteenth of August, and that I will 
pay over all taxes collected by me as required by law. So help 
me God." 

§ 933. [He shall also give bond and security for thirty-three 
Amount of and one-third per cent, more than the State tax supposed to be due 

b >nfls acrl -'■ 

t.'ieir condi- from the Countv for the vear for which said officer is required to 

tions. . 

give bond, the amount of the bond to be filled up by the Comp- 
troller General before being sent out to the County from the 
Executive Office,] (a) and shall give another bond with sufficient 
security, payable to the Justices of the Inferior Court, conditioned 
. for the faithful performance of his duties as Collector of the County 
tax, in a sum to be fixed by such Justices. 

§ 934. Such bond for County taxes when given must be approved 
Approved by three Justices of the Inferior Court, filed in the office of their 

by Inferior ^- , i i • i it i • n 

Court. Clerk, recorded m the book with other official bonds, and m all 
respects is an official bond. 



(a) Acts of 1863-4, p. 124. 



FT. 1.— TIT. 7.— OIIAP. 1.— Public Revenue. 181 

\„i;,i, n rri.,, /-(-ii, „4.^_,_ 



§ 985. Tax Colicctors sh-dii not collect any portion of the County ^^fi<>'i>u>hf: 
tax until such bond is given, and if they fail to give such a bond, " 
or one satisfactory to such Justices, they may appoint some com- 
petent person to collect the County tax. 

§ 936. When such an appointment is made, the person appointed Duty of 

. rfi /-I n 11. person ro ap- 

ehall give such a bond as is required of a Tax Collector, and he pointed, 
shall take an oath faithfully to collect and pay over the County 
tax, and in all respects shall have the same privileges, discharge 
the same duties and incur the same penalties as the Tax Collector 
would in collecting the County tax. 

§ 937. It is the duty of the Tax Collector — 

1. To diligently collect and promptly pay over in the funds ^^^^'H^^^^^'l 
allowed by law the State and County taxes to the Comptroller "^^rated. 
Oeneral and the County Treasurer respectively. 

2. To search out and ascertain as far as possible all polls and 
professions, and all taxable property not returned to the Receiver 
or not found in his digests. 

3. To enter all of such defaults in a book kept for that purpose, 
to assess and collect thereon a double tax and pay the same over 
to the Comptroller General and County Treasurer respectively, 
.after deducting [single] (a) commissions, and to deposit said book 
with the Comptroller General, and a copy with the Clerk of the 
Inferior Court, before the day of final settlement. 

4. To have his insolvent lists allowed in the manner required 
hj law before final settlement with the Comptroller General. 

5. To issue executions against all defaulters and insolvents, and 
place them with the proper officer for collection. 

6. To give notice of the time and places of his attending to 
collect the taxes, and of the days he will be at the Court House, 
and there to attend during the time for collection as required of 
the Receiver. 

7. To publish at the door of the Court House, for thirty days, 
his insolvent lists, including the taxes of each person thereon. 
To furnish to election managers of the County lists of all persons 
who have not paid their taxes. 

8. To pay the Receiver his commissions, upon the production 
of the Comptroller General's receipt for his digest, with a speci- 
fication therein of the amount of commissions to which he is enti- 

(a) Acts of 1863-3, p. 57. 



182 



PT. 1,— TIT. 7.— CHAP. 1.— ruBLic Revenue. 



Article 9. — Coiiipcusation of Collectors and Receivers. 



Collector's 
negli-rence 
no excuse 
to <lcfaulr- 
Ing tax 
payor. 



tied, aiul not otherwise; and to produce said Receiver's receipts, 
with his receipts thereon, to the Comptroller General, before h& 
shall be allowed credits for such commissions, 

0. To conform to such rules as may be furnished, and to obej 
such orders as may be given by the Comptroller General. 

10. To perform all other duties that the law requires, and 
which necessarily, under the law, appertain to his office. 

§ 938. It is no excuse to any person for not paying his taxes^ 
as the law requires, that the Collector should fail to advertise or 
fill his appointments. 



ARTICLE IX. 

COMPENSATION OF COLLECTOKS AND RECEIVERS. 

Section 939. Pay of Receivers and Colleetors. 

§ 939. The following rates of commissions shall be allowed in 
Commis- the uct amouut of each diorest to each Receiver and Collector of 

si&Bs of Ee- " 

ceirer and the State taxcs, F provided, that no Receiver of Tax Returns or 
Tax Collector shall receive more than fifteen hundred dollars 
commissions on the general State Tax] (a) — to wit : 

On all digests over $20,000 ... 3 per cent. 



Coilector. 



10,000 and under $20,000. 





6,000 




u 


10,000 




4,000 




C( 


6,000 




3,000 




a 


4,000 




2,000 




u 


3,000 




1,000 




(4 


2,000 


under 


1,000.. 

















. 4 
. 5 

. 6 

. 1 
. 8 
. 9 
.10 



ARTICLE X. 



MISCELLANEOUS PROVISIONS. 



Section. 

040. Comptroller may make rules. 
941. Rules to be furnifshcd tax officers. 



Section. 

942. Rules to be published. 

943. Bonds of tax officers sued on. 



§ 940. The Comptroller General has authority to make all need- 
ler^'^o^^nerii "^^^ I'ulcs and regulations for the government of Tax Collectors 
ruiesfor^cof- ^ud Reccivcrs, and any other rules that may be necessary to in- 



(a) Acts of 18G3-4, p. 10. 



PT. 1.— TIT. 7.— CHAP. 1.— Public Revenue. 183 

Article 10. — Miscellaneous Provisions. 



sure the prompt and faithful execution of the tax laws, if not in ^'-'-torn ^wi 
violation of or inconsistent therewith. 

§ 941. These rules, when made, shall he entered in a book in Knu-.r tua 
his office, kept for that purpose, and he binding on all successors i<><>i^ and 
until amended or repealed, copies of which shall be printed and to uw-ivers 

^ ' ^ . ^ and Collcc- 

furnished to Receivers and Collectors at the time of sending them t<^"- 
the forms required. 

§942. They shall also be printed during the month of March ,ui^i"Jl y"e*m 
every year in a public gazette published at the seat of Govern- ^'^^ new.spa- 
ment, if in the discretion of the Comptroller he shall deem it ben- 
eficial. 

§943. Nothing shall be so construed as to make the Collector's ,,^,?"'l''^^ 

^ o Collectors 

and Receiver's bonds not subject to be sued according to due l^^\y^''^'s 
process of law, but wdiich is not to be done unless some emer- te^uedon 
gency should make it necessary. 



CHAPTER II. 

REVElSrUE FROM OTHER SOURCES. 



Section. 

944. Sources of revenue, etc. 

945. What moneys go into Treasury. 



Section. 

946. "What fees go into Treasury. 



§ 944. The sources from which the State does or mav derive Eevenueof 

•^ the S I a t e 

revenue, other than bv taxation, are as follows : from sources 

' •' ' other than 

1. The net earnings of the Western and Atlantic Railroad. taxation en- 

o umerated. 

2. Dividends on the bank stock owned by the State. 

3. Dividends or interests on the stock owned in the Main 
Trunk Railroad. 

4. Sale of State bonds at a premium. 

5. The use by individuals of any other property of the State. 

6. Receipts for military or other claims against the United 
States. 

7. Receipts from assets of the Central Bank and other old 
claims. 

8. Receipts on claims from Tax Collectors or other officers 
for previous years, which were in litigation or regarded as in- 
solvent. 

9. Dues for the sale of reverted or other land to which the 
State may have the title. 



Miscella- 
nooiis rovo- 
mie to bo 
paid in to the 
Treasnrv. 



Foes to be 
paid to 
Treasurer; 
those of 
Governor's 
Secretary. 



164 PT. 1.— TIT. T.— Public Revenue. 

Chapter 2. — Revenue from Otiier Sources. 

10. Fees which the Secretaries of the Governor, the Secretary 
of State, the Treasurer, the Comptroller General, and Librarian, 
may receive for official duties. 

§ 94o. All the receipts from the resources mentioned in the 
preceding Section, all fees not specially awarded to any particu- 
lar officer, all fines and forfeitures not otherwise disposed of, all 
nioneys collected from any source or on any account, to which 
the State is entitled, not otherwise directed, must be paid into the 
State Treasury. 

§ 946. The fees which officers are allowed to charge, and which, 
when collected, must be paid to the Treasurer, are as follows : 

1. Those by the Secretaries of the Governor : 

A grant for 100 acres or under $1 00 

A grant for over 100 acres or under 300 acres 2 00 

A grant for oyer 300 acres or under 500 acres 3 00 

A grant for over 500 acres or under 1000 acres. . . ., 4 00 

A grant for 1000 acres and over, one per cent, per acre for every 

additional acre. 
Affixing the Great Seal of the State, by order of the Governor, to 

any thing of a private nature 2 00 

For every examination of records per request 50 

Administering oath of office to a salaried officer and giving certifi- 
cate thereof 1 00 

Entering a testimonial 50 

Attaching the Seal of the Executive Department 1 00 

Certified copy of any record not more than 300 words 1 00 

If more than 300 words, per 100 words 10 

2. Those by the Secretary of State : 

For a grant of land and affixing the Seal thereto, the same as is 
allov/ed the Secretaries of the Governor, according to the 
number of acres. 

For registering each grant 50 

For registering bond or other similar writing .' 1 00 

For a testimonial without the Great Seal 1 00 

For a testimonial with the Great Seal 2 00 

Affixing the Great Seal to any other paper 1 00 

For a certified copy of a grant to laud 1 00 

For a certified copy of any other paper not of more words 1 00 

For more words, per hundred 10 

For every search per request 25 

Treasurer. 3. Thosc by the Treasurer : 

For every extract or copy from any book, minutes, or file of office, 

not more than 300 words 1 00 

For every additional 100 words 10 

For every search by request 25 



Secretary 
of State, 



PT. 1.— TIT. 7.— Public Uevenue. 



185 



Comptrollfcr 

General. 



Knrvcyor 
General 



CiiHi^ier 2. — Revenue from Other Sources. 

4. Those by the Uomptro'iicr General : 

Every extract or copy from any book, minutcH, or file of office, not 

more than 300 words 1 00 

For every additional 100 w^ords 10 

For every searcli by request 25 

5. Those by the Secretary of State as Surveyor General : 

For examining a plat 50 

For recording a plat 1 25 

For recording a plat of a town, township, or village 10 00 

Transmitting a caveat to Governor and attending thereon 1 00 

Certified copy of any original record not more than 300 words 1 00 

For every additional 100 words 10 

Certified copy of an original warrant 50 

Issuing a certificate of a record 50 

For every search per request 25 

6. Those by the Librarian : 

Certifying to the existence or contents of any manuscript, map, or 

other document intrusted to his keeping 1 00 

Furnishing copies of his catalogue of books 50 



Librarian. 



TITLE VIII. 

THE PUBLIC DEBT. 



CHAPTER I. 



THE PUBLIC DEBT. 



Section. 

947. State bonds — how authenticated. 

948. Amount of bonds — time of payment. 

949. Coupons — how signed and paid. 

950. Bond must accompany coupon, etc. 

951. State bonds — where payable. 

952. Bonds may be exchanged — when. 

953. Bonds taken up not to be re-issued. 

954. New bonds may issue for lost ones. 

955. On what showing new bonds issue. 



Section. 

956. State must be indemnified. 

957. Stolen bonds — how renewed. 

958. Bonds, etc., paid off— how kept. 

959. Payment of bonds provided for. 

960. Surplus set apart. 

9ol. Overplus paid to bonds not due. 

962. Bonds paid before due to be reported. 

963. Provisions for education, etc. 



§947. All bonds or certificates of the State for the State debt state bonds 

and certifi- 

must be authenticated by the signature of the Governor, the Sec- cates-how 

, authentica- 

retary of State, and stamped with one side of the seal of the ^^'<^- 
State — to wit, that side which has on it the motto, " Wisdom, 
Justice, and Moderation." 



1S6 FT. 1.— TIT. 8.— The Public Debt. 



Chapter 1.— The Public Debt, 



§ 048. They shall be, unless otherwise specially ordered by the 
Amounts General Assembly, in sums of five hundred and one thousand 

of, and how *' 

payable, dollars each, payable in twenty years after their date, bearing in- 
terest at six per cent, per annum, which interest is payable semi- 
annually by coupons thereto annexed. 

§ 9 iO. They may, before or after issued, be presented to the 

ho^v^sr-uJd ^^''^^^ Treasurer, who shall sign, in his official capacity, all the 

and paid, coupous tlioreto attached, which then may be paid at maturity by 

the Treasurer without the presentation of the bond, or further 

"warrant or authority. 

i™('no"u) § ^^^' ^^ coupons are not thus signed, they shall not be paid, 

kss^^iccora- ui^Igss accompanied by the bond to which they belong, and before 

gg'^^jj^ "^-^ payment shall be by the Treasurer detached. 

§ 951. The principal and interest shall be made payable at 
When pnb- sucli placc in this State or other of the United States as the 

lie debt to-^ .,.,. .,. 

be paid. Govemor may m his discretion direct, and he may direct the 
principal payable at one place and the interest at another. 
§952. Where citizens of this State become possessed of State 
Bonds pay- bonds payable out of this State, the Governor may 2five in ex- 

ble out of -"^ "^ ' . 

?'M b ^^f ^" <^^^^g® ^^^' them bonds payable herein, provided there is no loss 
eschan?d'^ to the State by the exchange, and the expense thereof, if any, is 
borne by the holders of the bonds. 

§953. When such exchange occurs, the original bonds so taken 
Such Grid- up shall not be re-issued on any account whatever, unless specially 
potto bare- provided for by the General Assembly. 

issued. r t/ «/ 

§ 954. When any bond or coupons shall be lost, mutilated, or 
Lost bonds destroyed, the Governor may issue to the holder a new bond, with 

or coupons. ./ ^ »/ 

proper coupons attached. 

§ 955. When mutilated, the mutilated bonds must be surren- 
New bonds, dered ; when lost or destroyed, the holder must make affidavit of 

how obtain- ._ . , ,..,. ■, •!.« 

ed. such tact, that they were his, m bis own or some other right, at 

the time of the loss or destruction ; if lost, that he has made dili- 
gent search without avail, and despairs of ever finding them. 
§ 956. Having made such affidavit, he shall then, before receiv- 
Bond and innr the ucw boud, 2;ive bond and surety to the Governor in a sum 

surety to be " ' *-' '^ 

given. double the amount of the principal thereof and the unpaid in- 
terest thereon, conditioned to save the State harmless on account 
of issuing such new bond. 

§ 957. [The Governor is authorized to issue a new bond or bonds 
in lieu of a bond or bonds of the State which may have been 



TT. 1.— TIT. 8.— The Public Debt. 187 

Chapter 1.— The Public Debt. 



stolen, upon the holders makinc: affidavit as provided for in See- HbwUtixu 

. . ' ^ , ° ^ . .In Ilea of 

tion 955, provided said holders may have given or shall give those stoieD. 
twelve months' notice of the loss or theft of said bonds, fully de- 
scribing the same, at the Treasury of the State, at least twelve 
months prior to the time when said new bonds may be or shall be 
issued ; provided that no new bond shall be issued for or in lieu of 
any lost or stolen bond until the owner of such bond shall first 
give to the State a bond with security, to be approved by the Gov- 
ernor for the time being, fully indemnifying the State against the 
payment of the bond so lost or stolen.] (a) 

§ 958. When bonds or coupons are paid, they must be stamped Disposition 
as paid, and preserved in the Treasurer's office with the same care and coupons 

^ ^ -when paid. 

as the funds of the State. 

§ 959. An amount of money stands annually appropriated suffi- Appropna- 

1 • p 1 1 1 T 1 r» 1 tionannually 

cient to pay the principal and interest of any bonded debt of the for bonded 
State becoming due during the year. 

§ 960. Any surplus in the Treasury after allowing for all the surplus 

11 • ••IT IT- •Ti- ^'^ Treasury 

annual charges as-amst it, including such claims, is likewise ap- appropriated 

^ ^ ; ° ' ^ to bonded 

propriated to the same object. <3ebt. 

§ 961. Whatever amount may remain from the appropriations surplus ap- 

1 . -, T o( • 1 1 propriation 

contained m the two preceding sections more than enough to pay may be ap- 

- ° O r J plied by the 

such debts may be applied, by the order of the Governor, to re- Governor. 
deeming any particular class of bonds not due as he may order, 
and which, in his judgment, it is to the interest of the State to 
prefer and anticipate. 

§962. All bonds redeemed before maturity must be by the Bonds re- 

•^ *^ . deemed be- 

Governor annually reported to the General Assembly, particu- fo^edue. 
larly described, and the terms upon which they were so re- 
deemed. 

§ 963. For the purpose of carrying into effect the changing of ProTision 

r r V & & O for applying 

the public debt paid with the net earnings of the Western and ^^^^^/( ^ 
Atlantic Railroad into a permanent Educational Fund, the Gov- ^onamS 
ernor is authorized to substitute other State bonds bearing the 
same rate of interest for those in the hands of holders, and to 
issue new bonds and arrange them upon such schedule and paya- 
ble at such periods as that by providing annually a sinking fund, 
the whole principal of the public debt shall be extinguished by 
the time the last bonds shall become due. This sinking fund^ 

(a) Acts of 1866, p. 18. 



188 PT. 1.— TIT. 9.— Public Property, 



\_'iiapiGA JL. X nunc jL»>.iii\.iijj^o. 



Anmiai wlieii Rscerrainecl, stiaii De paut out oi the net earnings ot tue 

sinkinsfund •, * i • -r» m i i m • t i /-i 

—how paid : "Western and Atlantic ilailroad, and until ascertained the Gov- 

publio debt 

— Avheupaid. emor shall use so much of the earnings of said road as shall be 
necessary to meet said bonds annually falling due. 



TITLE II. 

PUBLIC PROPERTY 



CHAPTER I. 

PUBLIC BUILDINGS. 

Section. i Section. 

964. Buildings owned by the State. | 965. Buildings the State is interested in. 

§ 964. The buildings and those appurtenant thereto belonging 
Buildings to the State are — 
the State. The State Capitol. 

The Governor's Mansion. 

The State Arsenals at Milledgeville and Savannah, and the 
Military Institute at Marietta; the Deaf and Damb Asylum at 
Cave Spring; the Lunatic Asylum near Milledgeville; the Peni- 
tentiary at Milledgeville; the buildings of the Western and At- 
lantic Railroad. 

§ 965. The State has an interest in — 
Partly The Uuiversitv of Georgia at Athens. 

owned by the "^ ^ 

State. The Asylum for the Blind at Macon. 



CHAPTER II. 

THE LANDS OF THE STATE. 

Section 966. Lands reserved to the State. 

§ 966. The lands specially reserved to the State are — 
The lands known as the "Macon Reserve" on the Ocmulgee 
Lands own- river ; the lands known as the ''Mcintosh Reserve," on which is 

ed by the ' , ^ ^ ' 

s^^- situated the Indian Spring ; the lands known as the " Old Agency 

Reserve" on the Flint river; a quantity of land on Flint river, 



PT^ 1. — TIT. f) __T>rjju,io PROPf^^F^^rv. 



1H'.i 






opposite the Old Agency ; one mile square on the Chattahoochee 
river at Mcintosh Ferry ; one mile square at Marshall's Ferry on 
Flint river, including the ferry ; five miles square on Chattahoo- 
chee river at Cusseta Falls, including the falls ; all islands con- 
tained in any of the navigahle waters not disposed of, and the 
western bank of the Chattahoochee river to high-water mark, 
where it forms the boundary between Georgia and Alabama ; so 
much of the Okefenokee Swamp as is in this State and ungranted ; 
the lots whereon all the public buildings of the State are erected ; 
the fractional parts of surveys created by the different land divis- 
ions which are not granted or otherwise disposed of ; all lands 
omitted to be surveyed, granted or sold ; parcels of land in cer- 
tain cities, to wit : 

In the city of Atlanta ; 

In the city of Columbus ; 

In the city of Chattanooga.* 



CHAPTER III. 

THE WESTEEN AND ATLANTIC KAILEOAD AND ITS GOVERNMENT. 



SECTio>r. 
967. W 
968 
969 
970 
971 



975 

976, 
977, 



& A. R. R. belongs to State, etc. 
Oblisations relative to W. & A. R. R. 
What laws apply to ^W. & A. R. R. 
Former laws still of force. 
Laws applicable to AV. & A. R. R, 

972. Appointment of Superintendent. 

973. Superintendent's bond. 

974. His oath and commission. 
Superintendent's authority. 
Rules of road to be recorded, etc. 
Such rules are law, 

978. Where the road may be sued. 

979. Demand must be made before suit. 

980. Books of road prima facie evidence. 

981. Debtors to road — public debtors. 

982. Appointment, etc., of Treasurer. 

983. Treasurer's oath. 
His bond; oath and bond, where filed 
Treasurer's duties specified. 
Auditor's appointment, etc. 
Auditor's oath. 
His bond. 

His bond and oath— where filed. 
Auditor's duties specified. 



984 
985 
986 

987 



990. 



991. Remedy against officers W. & A. R.R. 



Section. 

992. Compellable to give other security, 

993. Agents must report monthly. 

994. Officer failing to pay, etc., dismissed, 

995. Accounts of dismissed officers. 

996. Indebtedness of defaulters, etc. 

997. Oath of all agents of the road. 

998. Their bonds. 

999. Bonds renewed annually. 

1000. Settlements with agents. 

1001. Governor to exa-mins bonds, etc. 

1002. Conductor's oath. 

1003. No credit to be given for fi-eights. 

1004. Conductor's settlements. 

1005. Disbursements — how made. 

1006. How Auditor's decisions reviewed. 

1007. Proceeds of road — how disposed of. 

1008. Useless iron and tackle may be sold. 

1009. Sale may be for cash or on credit. 

1010. No officer of road can buy at sale. 

1011. Sale bill to be kept and reported. 

1012. Useless land of road may be sold, 

1013. Who may go over road free of charge. 

1014. Laws of road enforced by Sup't. 

1015. Transportation of lime. 

1016. Stock gaps may be built. 



* Considerable portions of the above mentioned reservations have been con- 
veyed by the State to private companies or individuals, which mil appear bv 
reference to the proper records. 



190 PT. 1.— TIT. 9.— Public Property. 



Chapter 3. — The "Western and Atlantic Raih'oad and its Government. 



§ 967. The railroad communication from Atlanta, in Fulton 
Av.AA. K. Gountv, to Chattanooga, on the Tennessee river, is the property 

r.. the p.oi>- • ' *- 7 11./ 

trty of the of this State exclusively, and shall be known as the Western and 

State. »' ' 

Atlantic Railroad. 

§ 968. The State occupies the same relation to said road, as 
Eeiation of owner, that any company or incorporation does to its railroad, and 

State to tlio T-r»-ioi 

w^ A A. K, the obliij;ations of the State to the public concernins; said road, 

K. ; recipro- " ^ ^ ^ cd ■> 

cai obiipv- r^Y^^ of the public to said road, are the same as 2;overn the other 

tions ol the -i^ ' o 

riKui imd the I'aih'oads of this State, so far as is consistent with the sovereign 

public. ' o 

attributes of this State, and the laws of force for its conduct. 
§ 969. All the public road laws and penal laws touching the 
r.oad laws railroads of this State, whether to obligate or protect, apply to 
hnvs^ apply the State Road, unless specially excepted, or some other provision 
K.E. proviso js prescribed in lieu of some one or more thereof. 

§ 970. [All laws of force regulating the liability of railroad 
Lawsappii- Companies in this State for damages done by the running of loco- 
& A. E. K. ' motives, cars, and other machinery, are hereby declared to apply 
eo[ually to the Western and Atlantic Railroad; and in the bring- 
ing of all suits against the Western and Atlantic Railroad, the 
same shall be regulated by the laws in existence on that subject 
at the time of the adoption of this Code.] (a) 

§ 971. All laws heretofore enacted, having a special or local 
Preceding application to Said road, and in force at the time of the adoption 

laws of force . . ^ 

of this Code, are kept in force, unless herein repealed expressly, 
or by implication. 

§ 972. The principal officer of said road shall be styled the Su- 
superinten- periutendeut, who is appointed by the Governor, and holds his 

dentap--^ .'. ^ ^ "^ .' 

pointed by officc durinp; his term, unless sooner removed at his pleasure. FThe 

Governor. . 

salary of the Superintendent shall be five thousand dollars "per 

His salary. -, /, s 

aymum] (b) 

§ 973. Before entering on the duties of his office, he shall give 
To trivc bond and security, to be approved by the Governor, in the sum of 

bond and 6e- •^ ' ^^ '^ ' 

curity. twenty thousa.nd dollars, which shall be filed in the office of the 
Comptroller General and recorded therein. 

§ 974. lie shall also, at the same time, besides the oath re- 
Totakeoath. quircd of all civil officers, take and subscribe before the Governor 
the following oath, which shall be filed in the Executive Office : 
*' I, , swear that I will faithfully and impartially per- 

(a) Acts 1862-3, p. 182. (b) Acts of 1865-6, p. 249. 



PT. 1.— TIT. 9.— Public Propehty. 191 



Chapter 3. — Tlio Western and AUantlc Railroad and its Government. 

form all the duties of my office ; that I will make no appointment, 
nor do any act from fear, favor, reward, or the hope thereof, hut 
in all things I will be governed solely with regard to the interest 
of the State of Georgia, and in the discharge of my duties I will 
neither make, nor permit to he made, any discrimination, unless 
so directed by legislative authority, in favor or against any rail- 
road company, or other persons or parties having business connec- 
tions with or relations to said road. So help me God." 
§ 975. The Superintendent has authority — 

1. To conduct all the operations of said road connected with its ^.powcts of 

^ Supt-nnten- 

repairs, equipment and management, including its financial affairs, '^r^ted""™* 

2. To appoint or remove all the subordinate officers subject to 
the approval of the Governor, except the Auditor and Treasurer. 

3. To fix the rate of passage and freight, and "to make all neces- 
sary arrangements touching such rates and other business with 
other railroads. 

4. To contract for and purchase machinery, cars, materials, 
workshops, and all other contracts necessary for the general 
working and business of said road not exceeding three thousand 
dollars, and over that amount subject to the approval of the 
Governor in writing. 

5. To make contracts with the Government of the United 
States, with the consent of the .Governor, for the transportation 
of the mails over said road. 

6. To arrange the schedules for running trains at such times, 
either by day or night, as he may deem expedient. 

7. To settle all claims against said road, with the approval of 
the Governor. 

8. To sue officially for any claim due the State on account of 
said road, and defend all brought against the road. 

9. To make all necessary rules for the proper conduct of the 
business of the road and the enforcement of discipline. 

10. To impose penalties for a violation of said rules and for 
breaches of duty by all persons in the employment of the road. 

11. To see that the books and accounts of the road are so kept 
as at all times to show accurately its fiscal affairs. 

12. To have settlements weekly with all fiscal agents of said 
road for all money received by them, by himself or through some 
authorized person, and to discharge them for neglecting or refus- 
ing to do so. 



10:^ VT 1.— TTT. 0.— Ptttujo Property., 



Cli'^."tcr ^ The ^^^cstern niicl -A.tltiGlic R;i.ilrond n.yid its G"0''^'^''^"'!2i'^ii'^ 



13. To fix the compensation of all employees of said road, 
with the approval of the Governor, whose compensation is not 
fixed by law. 

14. To draw his warrant on the Treasurer in favor of claimants 
according to the law. 

15. To sue and cause all moneys belonging to or collected on 
account of the road to be j^aid promptly to the Treasurer. 

16. To exercise a general supervision over all officers, agents, 
and employees under his charge, and see that they strictly comply 
with all the requisitions of the law. 

IT. To make out and transmit to the Governor a quarterly 
statement exhibiting the receipts and expenditures of the road, 
and once every year a full statement of all the transactions of 
the road in detail, 'which report shall be published in one or more 
of the public gazettes at the seat of Government and at the city 
of Atlanta. 

§976. The rules adopted by the Superintendent for the gov- 

be Srdecf ^mment of said road shall be recorded in a book kept for that 

Kishod'to P^iT^^^j shall be printed and posted in a conspicuous part of his 

omcers. office and copies placed in the hands of each officer of the road, 

who shall also be promptly supplied with copies of any alterations 

thereof. 

§ 977. Such rules shall have the force and effect of law when ne- 
Force of ccssarv to carrv into full effect any law in reai-ard to said road and 

Baid rules. . *^ . "^ . . . "^ . . • i i i 

to improve its organization when not inconsistent with the law. 
§ 978. All suits against the road must be brought against the 
Suits aj^ainst Superintendent in his official capacity in the County of Fulton, 

^ estern and ^ x ./ t/ 7 

KaUroaV'^ whorc the office of said road is located, except in those cases of 
claims where by the law other railroads are allowed to be sued 
elsewhere, but under no circumstances are suits against such road 
to be allowed against such road, its officers or agents in the State 
of Tennessee, beyond the right, if any, that may exist under the 
authority granted to this State to extend said road into Ten- 
nessee.* 

§ 979. No suits shall be brought against the Superintendent 
Demand until a demand has been made upon him for payment, accompanied 

necessary ■*■ x ,/ ^ x 

broi'-Sit ^"''^ ^^ a Statement of the nature of the claim, and ten days shall be 
allowed the Superintendent to pass upon such claim before suit 
shall be brought. 

* See Venue. 



PT. 1.— TTT. 0.— Public Pkoperty. 193 



Chapter 3. — The WcHtern and Atlantic Railroad and its Government. 

§ 980. In suits ponding or to be brought by or against said road, Book«of 
the books of said road shall he prima facie evidence of what thoyM-^^^ tvi- 
contain pertinent to the points in issue. 

§ 981. All debtors to said road are as debtors to the State or i/f/^ebtors 

'^ ^ puMic debt- 

public, and when any question arises warranting it, the right or ''"• 

obligations of both parties are to be determined upon by the laws 

governing such relation. 

§ 982. The Governor shall appoint an officer for said road, who , oovcmor 

" '■ ^ -'to aiipoint a 

shall be styled the Treasurer, who holds his office for the same Treasarer. 
time and term that the Superintendent does. 

§983. Before entering on the duties of his office, besides the nisoath. 
oaths required of all civil officers, he shall take and subscribe 
before the Governor the following oath: 

<'I^ .^ clo swear that I will faithfully and diligently re- 
ceive, keep, and disburse the funds of the State Road according 
to law, in my capacity as Treasurer, and do all other acts that are 
or may be required of me by law as Treasurer of said road, to the 
best of my skill and knowledge. So help me God." 

§ 984. He shall at the same time give bond and security, to be Bond and 

SGCiiritv, 

approved by the Governor, in the sum of one hundred thousan<l 
dollars. Said bond and oath of office shall be filed and recorded oath sied 

. , and recorded 

as the Superintendent s. 

§ 985. It is the duty of the Treasurer — 

J.. To take custody of all funds appertaining to the road, to Duties of 
receive all moneys from officers or agents holding the same and nunaerated. 
receipt them. 

2. To receive all such sums as may be appropriated by law for 
the use of the road. 

3. To pay all warrants drawn by the Superintendent in the 
terms of the law. 

4. To pay the State Treasurer monthly all balance in his trea- 
sury after paying all the current expenses of the road and other 
lawful claims upon it, and to take his receipt for the same, retain- 
ing such amount as the Superintendent may direct. 

5. To keep a book or books to enter all his receipts and pay- 
ments and other official transactions. 

6. To make a quarterly statement to the Superintendent of the 
receipts and disbursements of his office, which shall be published 
with the Superintendent's report to the Governor. 

7. To discharge such other duties as the laws do or may require. 

13 



194: FT. 1.— TIT. 9.— Public Property. 

Chapter 3. — The Western t\ud Atiautic Raih*oad and its Government. 
Auditor ap- § 9SG. The Governor shall appoint an officer for said road who 

polntetl bv ' -i t i * t 

Governor, shall be stjlod the Auditor. 

§ 98T. Before entering on the duties of his office, besides the 
nis oath. Qath required of all civil officers, he shall take and subscribe before 
the Governor the following oath : 

"I, , swear that I will promptly, justly, fairly and im- 
partially approve or reject all claims against the State Road pre- 
sented to me for such purpose, and that I will faithfully and dili- 
gently discharge all other duties that are or may be required of 
me by law as Auditor, to the best of my skill and knowledge. 
So help me God." 

§ 988. He shall, at the same time, ffive bond and surety, to be 

Give bond i , ^ • i r- 

and surety, approvcd by the Governor, in the sum of twenty thousand dollars. 
Bond and § 989. Such boud and oath of office shall be filed and recorded 
and recorded as the Superintendent's. 

§ 990. It is the duty of the Auditor — 

1. To examine and approve or reject, without unnecessary delay^ 
Auditor's all bills and accounts asiainst said road before the Superintendent 

duties enu- '-' •'■ 

merated. shall draw a warrant for the same on the Treasurer. 

2. To keep a book to enter all accounts passed, stating the 
person, amount, account, and time. 

3. To examine, supervise, and control all books kept by the 
subordinate accounting officers or clerks of the road. 

4. To discharge such other duties as the laws do or may 
require. 

Eemofiyof § ^^'^' ^^^ remedy of the State against the Superintendent, the 
against ^offi^ Treasurer, Auditor, and other officers and agents, is the same as 
rS-rfii^" against Tax Collectors or Receivers. 

§ 992. The Governor may require each of such officers to give 
Additional additional bond and surety on the same terms and conditions that 
requiSdf he may require it of the Comptroller General or the State 
Treasurer. 

§ 993. Each agent of such road having the funds thereof in 
Monthly his hauds shall make out monthly, and from month to month, on 

reports of . 

agents. such day as the Superintendent may require, a full statement of 
his account, and particularly specify what amount of cash on 
hand, what amount due from freight delivered or to be delivered, 
showing the full amount due from all sources whatever, and shall 
sign such account. 

§ 994. Any officer or agent failing to pay over the funds col- 



PT. 1.— -TIT. 9.— Public Property. 195 



Chapter 3. — The Western iuid Atlantic Kailroadand its Oovemrnent. 



lected by him weekly, or failing to furnish the Superiritcndent Defanitinfj 
with a monthly statement of the financial condition of his office, ag'^nt dia- 
except for providential cause, shall be immediately dismissed by 
the Superintendent. 

S 995. When such dismissal shall take place, an account shall Procccdintfs 

'^ '■ on a (lismuh 

at once be had of all the freight on hand, giving the person dis- ^'''^' 
missed a credit or receipt therefor, so as to show the amount of 
his indebtedness. 

§ 996. As soon as an agent, or any other person having funds Amonnt 
of the road unaccounted for, is in default, and fails to pay over f^"'t'i treat- 

^ ' ^ "^ eu as eam- 

said funds on demand made by the Superintendent, or by his j.^^^'^ ''^ ^^® 
authority, or shall abscond or conceal himself, or in any other 
way evade or prevent a settlement, said officer shall promptly 
cause the true amount due by such person to be ascertained, and 
transmit the same to the Comptroller General as earnings of the 
road, stating also the date of the default. 

§ 997. Every asent of said road, before entering on the discharge oaths of 
of his duties must, besides the oath required of all civil officers, 
take and subscribe before the Superintendent, who is hereby made 

an officer for such purpose, the following oath : "I, , swear 

that I wi7i faithfully perform all the duties of my appointment 
that are or may be required of me by law, to the best of my skill 
and knowledge, and that I will render a true account of my official 
conduct, and of all moneys received by me as such, and pay the 
same over to the person authorized to receive them, as often as the 
law may require. So help me God." 

§ 998. They shall at the same time give bond and surety, paya- Bonds of 
ble to the Governor and his successors in office, to be approved by 
the Superintendent, in such sum as he may require. 

§ 999. The oaths shall be filed in the office of the Superinten- Disposition 
dent, the original bonds transmitted to the Comptroller General, and bond. 
and copies retained by the Superintendent in a book kept for that 
purpose in his office. 

§ 1000. Such bonds shall be renewed annually, by the tenth day Bonds re- 
of January, after a full and satisfactory settlement has been had aiiy. 
with the agents, and not before. 

S 1001. Said settlement must be in writina: and sis^ned by the settlements 

'^ ^ o o »/ \;\^h. agents 

agent and Superintendent, and shall contain a full statement of 
the agent's account with the road, whether for cash received, 
freight on hand, or from any other source whatever. 



19G PT. 1.— TIT. 9.— Public Property. 



Chapter 3.— The "Western and Atlantic EaHroad and its Government. 



§ 1002. The Governor shall examine every bond transmitted to 

Bona to bo the Comptroller General by the Superintendent, and in case of 

Govorno'r ^^(^fect therein, as to matter or snrety, may order another bond 

and iuivii- ' %i T J 

tionai bond crivon in licu thercof to the Superintendent, and he or the Super- 
may be ro- o i. 7 r 

quired. intendcut may at any time, when in the judgment of either the 
interest of the State requires it, require such officer to give addi- 
tional bond and sureties, as he requires of other officers. 

§ 1003. Every conductor must, in the same manner, take and 
^th!'^^"^ ''^^^' subscribe this oath : "I, , swear that I will faithfully dis- 
charge the duties of my office to the best of my skill and knowl- 
edge, and that I will pay over all the money that may come to 
my hands belonging to the State Road, as required by law, or the 
order of the Superintendent. So help me God." 

§ 1001. No agent at any station of said road is permitted to give 
xo credit credit for any freight or any produce, goods, or other commodity 

for freiclit. i/ o 1/ a o »/ 

conveyed, but shall collect the freights before the articles are taken 
away, except in cases where the freights, by arrangement, are 
chargeable to some other railroad company. 

§ 1005. Every conductor of passenger or freight trains shall 

condnctors make a settlement of the tickets and money received by them with 

' the Treasurer at the end of each trip. All disbursements made 

Disburse- ^^ accouut of Said road shall be, by warrant of the Superintendent, 

Se!~^'''^ drawn upon the Treasurer, and be first passed by the Auditor* •> 

§ 1006. The Superintendent may refuse to ratify the approval 

Cases -svhrre of the Auditor, and when so refusing the claim shall be presented 

Superintend- . . 

ent and Au- to the Govcmor to decide ; if he allows the claim, or any part 

ditor dilier. _ ^ ^ •) J r 

thereof, the Superintendent shall draw his warrant and express 

therein, "By approval of the Governor." If he concurs with the 

Superintendent, the party may accept the decision or bring suit. 

§ 1007. The proceeds of said road, after deducting expenses and 

Proceeds all dcbts, which are liens upon its income, shall be paid into the 

to be paid ' -•• . , 

monthly in- trcasury of the State monthly, and shall first be applied to the 

to Trfcastxry. '' '' ^ ^ ^ 

„ ' ,. , payment of the principal and interest of the bonds of the State 

How applied \ '' jt 1 

issued on account of said road. 

§ 1008. Whenever any iron, or any tackle or apparel may 
Useless iron, 'become usclcss to Said road, and the Superintendent can not have 

etc.. shall bo ' ^ ■*■ 

sold on 3fj the same converted into new iron on reasonable terms, or for any 

days notice-. ^ ' »' 

other good reason, he shall sell the same at public outcry, at 
whatever point it may be most to the interest and convenience of 
the road, to the highest bidder, after giving at least thirty days' 



PT. 1.— TIT. 9.— Public Properiy. 197 



Chapter 3.— The Western and Atlantic Ilailroad and its Government. 



notice of the time and place of said sale, with a description of the 
property, in a public gazette at Atlanta. 

§ 1009. He may sell said property for cash or credit, as in his f'^^'^ may 
discretion it may be best for the State ; provided^ that, if on p ^^'.''-j^J"^'^^*- 
credit, it shall not be longer than twelve months, with note or bond 
and personal security thereto, payable to the Governor and his Procee<isof 
successor in office, or bearer, which shall be deposited in the State 
Treasury, and when collected be as part of the net earnings of 
the road. 

S 1010. Neither the Superintendent, nor any officer of the State officer not 

" ■•■ _ . . . to be a pur- 

Road, shall be a purchaser, directly or indirectly, at said sales, chasor. 

on pain of forfeiting to the State the property purchased and 

price paid, and of being removed by the Governor. 

§ 1011. The Superintendent shall keep a record of all such r.eeorci of 
property sold, to whom sold, at what price, and on wnat terms, kept, 
and shall embrace the same in his report to the Governor. 

§ 1012. The Governor or Superintendent shall not sell any part Ee.^tnction 
of the right of way, nor any property or land of the road, that road proper- 
may be necessary/ for the erection of depots, wood yards, water 
stations, or for any other improvement to the convenience or in- 
terest of said road ; but they may sell any land of the road if of 
no use to it, in the manner iron is sold — advertising it in a public 
gazette at Atlanta, and in the County where it lies, and in a public Land may 
gazette thereof, if one, and the Superintendent shall execute deeds 
thereto in his official capacity. 

§ 1013. All lunatics and idiots, and the persons having them in Persons 

•, P ^ ^ r traveling 

charge, not more than one to each of such, when sent from any freeof charge 

® ' , ' _ "^ on the road. 

County to the Lunatic Asylum, and the latter returning, and all 
deaf and dumb and blind pupils partaking of the State's bounty, 
with their necessary attendants, when going and returning from 
their schools, shall go from and return to their homes, free of 
charge on said road. 

§ 1014. The Superintendent of said road is specially charged snperint^nd- 
with the due execution and faithful fulfillment of all the laws for the laws, 

etc 

the government and regulation of the same. 

§ 1015. Said road shall transport lime for ascricultural pur- Lime— 

•*■ o 1 transporta- 

poses, by the car load, from any depot thereof to Atlanta, from ^^^^ '^^*'- 
the first day of May to the first day of August of each year, or at 
any other time not conflicting with the interest of said road, at a 
rate not exceeding three cents per bushel; py^ovided, connecting 



198 PT. 1.— TIT. 0.— Public Property. 

Chapter 4.— Stocks. 

reads at Atlanta -will transport lime for agricultural purposes at 
corresponding low rates, and give the Superintendent of the road 
notice thereof, with consent to be bound permanently by such rate. 
Any connecting road at Atlanta failing to give such notice and 
consent shall not be entitled to the benefits intended to be secured 
to the agricultural interest contiguous to^ such road. Before any 
person shall transport lime on said road, or any road in connec- 
tion therewith, at said rate, he shall make oath in writing before 
receiving said lime and paying said freight, that it has been or is 
to be transported for and will be used in good faith in improve- 
ment of the soil in the State ; which affidavit shall be filed in the 
office of the company to whom the freight is paid. 

§ 1016. [All persons in this State owning land through which 
Land own- the Wcstcm and Atlantic Railroad passes shall have permission 

ers may ^ ^ ^ 

build stock iQ build stock gaps on said road when the line of their fences may 
cross the same, and shall have the privilege of joining their fences 
to such stock gaps : provided, said land owners shall not improp- 
erly interfere with the bed of said road, or render it less safe, or 
interfere with the running of the trains thereon.] (a) 



CHAPTER IV. 

STOCKS. 



Section. 

1017. Bank stock owned by State. 

1018. Railroad stock owned by State. 



Section. 

1019. Stock in Main Trunk Railroad. 



Bant stock § 1017. The State owns the following bank stock — 

owned by " *-* 

In the Bank of the State of Georgia .1833 shares.. 

In tlie Bank of Augusta 890 " 

In the Bank of Georgia Raih'oad and Banking Company 186 " 

Eaiiroad § 1018. The State owns the following railroad stock — 

In the Main Trunk Road 5000 shares. 



stock. 



§ 1019. The stock in the Main Trunk may be extended to ten 
Extension thousaud sharcs, on the condition that the State shall own as she 

of stor-k in ' 

SihoIfL "^ does now, five-elevenths to be taken when individuals take and pay 
for the balance according to the act of incorporation and acts 
amendatory thereof. 

(a) Acts of 1BG5-G, pp. 2G1-2. 



PT. 1.— TIT. 9.— Public Property. 



199 



Cliaptcr 5. — Otlior l*ublic Tropcrty. 



C II APT Ell V. 

OTHER PUBLIC PROPERTY. 

Section 1020. Library, furniture, armfi, etc. 



ar- 
on- 



§ 1020. The State owns the Library at the Capitol, the furni- Library, 

, . senal o 

ture and contents of her various public buildinc^s, and the public tents and 

* " ' ••• ^ mis. proper- 

arms, munitions, and accouterments of war in her arsenals and in ^y ^^ ^^t«- 

the charge of her several volunteer companies, and of the Super- 
intendent of the Military Institute. 



TITLE X, 

PUBLIC PRINTING. 



CHAPTER I. 

PUBLIC PRINTER: HIS DUTY AND COMPENSATION. 



Section. 

1021. Election of Public Printer. 

1022. He must give bond. 

1023. On failure to give other bond, etc. 

1024. Vacancy — how supplied. 

1025. Damages for breach of bond. 

1026. Place of printing, etc. 

1027. Printing during Legislature. 

1028. Failure vacates office. 

1029. When Printer's duties begin. 

1030. What he must print. 

1031. Ordered matter— how printed. 



Section. 

1032. Laws and Journals — how printed. 

1033. Style of the printing. 

1034. Manuscripts to be furnished. 

1035. Number copies Laws and Journals. 

1036. If insufficient others may be printed. 

1037. Printed matter — delivered to whom. 

1038. Compensation of Printer. 

1039. Penalty for delay. 

1040. Contract and bond of new Printer. 

1041. Pay of removed Printer. 

1042. Work of deceased Printer. 



§ 1021. r The General Assembly shall biennially elect a Public Election of 

, . . *' . Public Prin- 

State Printer, at the same session and in like manner with the ter. 
State House officers of the State, and said State Printer shall 
hold his office for and during the term of two years.] (a) 

§ 1022. Within ten days from the day of his election he shall His bond. 
give a bond, with good surety, in the sum of ten thousand dol- 
lars, to be approved by the Governor, filed in the Executive Office, 
and recorded in the office of the Secretary of State. 



(a) Acts of 1866, p. 19. 



200 PT. 1.— TIT. 10.— Public Printing. 

Chapter 1. — Public Printer: Lis Duty and Compensation. 



§ 102-j. The Governor is authorized to require from the Public 
T^cisiatnre Printer additional bond and surety as he may from a State House 

tOSUpplvva- ^ • r -i \ ^ T 

cjuicy. officer, and on his lailure to comply, declare a vacancy. 

§ 1024. If the General Assembly is in session when such fail- 
Additionai ure occurs, the Governor shall communicate the fact to them, 
requiredi'oto. "whcn they sliall supply the vacancy by election. 

N^ 1025. If a Public Printer, after having been elected and 
Dainagos criven boud, commits a breach of it, on the trial the jury shall 

on bronch of ° 

bomi. assess not less than one thousand nor more than three thousand 

dollars as liquidated damages, besides the actual damages sustained. 

§ 102G. Such Printer and his sureties must be citizens of this 

rrintorand State, and the public printing must be ho7ia fide performed within 

citizens. her limits, unless special permission otherwise is obtained from 

the General Assembly. 

§ 1027. All printing specially ordered by the proper authority 
Printing cluriuo; a sessiou of the General Assembly shall be executed with 

dnrmg ses- ° '^ 

"°°' all possible dispatch and correctness, at the seat of Government. 

§ 1028. If the provisions of the two preceding Sections are 

Violation of violated, the Governor may, in his discretion, declare a vacancy 

last two sec- . . 

tions. and the compensation forfeited. 

§ 1029. The duties of the Public Printer do not begin until the 
Be-inning first dav of the next session of the General Assembly after his 

of Printer's . '^ '^ 

duty. election. 

§ 1030. He shall print the Laws and Journals, and such bills, 
What he rcports, and other documents as may be ordered to be printed du- 
ring his term of office, which includes the printing of all extra 
sessions held during that time. 

§ 1031. All papers ordered to be printed by either House shall, 
How print- unless otherwise directed, be printed upon paper that can be easily 

inir must be. '•'■ rii . 

done. written upon; the sections and lines must be numbered, having 

sufficient margin and intervening space to admit of interlinea- 
tions, for which service the Governor shall allow extra compensa- 
tion, not exceeding twenty per cent, on the established rates. 
Laws and § 1032. The Laws and Journals must be printed upon small 
hJw'^pdnt^ pica type, on good paper, and delivered to the Executive within 
and deliver- j^jj^g^-y {{^.^^ after the mauuscripts are received from the compiler. 
§ 1033. The former must be printed of a uniform size, and of a 
Directions style coual in mechanical execution to the Laws of 1853-4, and 

as to Laws «/ a ' ^ 

and journ- the latter must be on paores the size of the Laws of the United 

als. . 

States, and have like intervals between the paragraphs. 



PT. 1.— TIT. 10.— Public pRmiiNG. 201 

Chapter 1.— Public Printer : his T3uty and Compensation. 



§1034. The Secretary of the Senate and Clerk of the House Bc«. orsen- 
shall furnish the manuscripts of their Journals and indexes J/" 7';'-' Jj' 

i ^ furnish Mhri. 

thereto, properly prepared for the press, within twenty days from 
the adjournment of eacli session of the General Assembly, under 
a penalty of five hundred dollars each, to he retained out of their 
pay. 

§ 1035. There shall be printed [two] (a) thousand copies of the J^^^^\'^l^]l 
Journal of each branch of the General Assembly, and [four] (a) ^^''^^• 
thousand copies of the Laws, to bo bound by said Printer in 
durable style and equally as well as the Laws of 1853-4. 

S 1036. If such number should prove to be insufficient for the Adriitionai 

^ ^ ... copies may 

use of the State, the Governor may order such additional copies ^'^ ^^'''i"'^'^^- 
as in his opinion the public interest may require, and allow there- 
for reasonable compensation. 

§1037. As the [public printing progresses the Printer must, I'rinteamat- 
from time to time, with all possible dispatch, deliver the printed ii^:'^^^'^ t-^ 

' ^ ^ ^ ^ ^ ^ Librarian. 

matter to the State Librarian, at his office, free from any expense 
to the State for transportation. 

§ 1038. If said Printer shall legally and faithfully perform his tiJ^ypyJ: 
duties, he shall be compensated as follows : [He shall be paid ^^° ^"oter. 
thirty per cent, on the actual cost of the material and labor 
employed in the public printing, provided, that before being paid, 
he shall make out an account, on oath, of the actual cost of the 
material and labor employed, and present the same to His Excel- 
lency the Governor, who may allow or reject said account or any 
part thereof, as in his judgment may seem right and just.] (b) 

§ 1039. Should any delay occur in the prompt delivery of the „ forfeiture 
Laws and Journals as required, the Governor shall deduct at the t''^^^'^''^ ^^ 

-•■ ' Laws and 

rate of ten per cent, per month for the particular work delayed, J^^^^'^i^- 
until the date of delivery. If the delay shall be protracted more 
than six months, the Governor may remove the Printer from office. 
If any portion of the work is not executed so as to be a substan- 
tial compliance with the requisitions of the law, the Governor 
shall reject it, and order it executed over, or appoint a new Printer, 
as his judgment shall dictate or the emergency may require. 

§ 1040. When a new Printer is appointed under the two prece- ^"^^ ^f'^^^r 
ding Sections, he shall give such bond and surety and on such 
conditions as the Governor may require, who is also authorized to 
make a special contract for the public printing in such an event. 

(a) Acts of 1861, p. 74. (b) Acts 1863-4, p. 78. 



202 TT. 1.— TIT. 10.— Public Printing. 

Chapter 2. — Other Printing. 

§ 1041. When the Printer is removed, the Governor is authorized 
^quantum to tiiko such Dortion of his work as he has executed according: to 
be paid to j.^^y r^l^^{ allow him lawful compensation therefor, but he must 

a removed ' ■•■ ' 

Printer. Jcduct thcrefrom the least penalty, and the damages sustained by 
his failure. 

§ 1042. "When the Printer dies before completing his work, his 
Reprosonta- legal representatives are allowed to do so, it being understood that 
ceased Prin- all bouds of PubHc Priutcrs cover such contingency, and the 

terinay . ,.,. 0./7 

complete Govcmor is authorized in such an event to wait thirty days for 

work. »' "^ 

an assurance of such performance. 



CHAPTER II. 

OTHER PmNTING. 

Section. i Section. 

1043. How other printing is done. I 1044. Publio Printer entitled thereto. 

§ 1043. All printing other than that performed by the Public 
Directions Printer, which necessity may demand, shall be printed at the seat 

as to print- ' ^ </ t i 

thin *^^ubnc ^^ Government, or such other place as may be necessary, in the 

printing. discretion of the Governor, under his direction and supervision, 

upon reasonable rates, to be paid for out of the contingent fund. 

§ 1044. If the Public Printer executes his work at the seat of 

Public Government, or at the place where the printiujo; referred to in the 

Printer pre- ... . . , 

ferred. preceding Section is required to be done, he is entitled to perform 
such printing if he will do so at reasonable rates. 



CHAPTER III. 

THE COMPILER. 



Skction. 

1045. Compiler— how appointed, etc. 

1046. Ilis duties specified. 

1047. Penalty for failure. 



Section. , 

1048. Another appointed — when. 

1049. Compiler's compensation. 



§ 1045. The Governor shall appoint some competent person to 
Compiler of prepare and compile the several acts of each session of the General 

Laws to be i i i • i • i • • i • 

appointed. Assembly, which appointment must be made at any time in nis 
discretion, provided it is done before such session adjourns. 
§ 1046. It is the duty of the Compiler — • 



PT. 1.— TIT. 10.— Public Printing. 203 



Chapter 3.— The Compiler. 



1. To distinguish, in his classification, the public laws from itaiyot 

° ' ' ^ Compiler. 

those that are local or private, and to arrange the former under 
appropriate heads. 

2. To prepare for publication side and head notes for reference. 

3. To add notes referring back to such previous legislation as 
may be modified or repealed, and notes giving the decisions of the 
Supreme Court since the last publicationof the Acts upon the subject 
matter of each act of a public nature. 

4. To prepare and append a copious index. 

5. To furnish the Public Printer with a fair copy of all work 
required of him in the preceding portion of this Section within 
forty days from the adjournment of the session. 

6. To read the proofs of the same, and carefully compare them 
with the certified copies. 

§ 1047. If a Compiler fails to perform his work in the time Failing to 

i' 1 ' ^ ' ' o 1 perform his 

allowed he forfeits his compensation, unless m the opinion of the work. 
Governor he has a satisfactory excuse. 

§1048. If he dies or becomes disabled before completing his if he dies or 

b6ConiGs dis- 

work, and so as he can not finish it within the time prescribed, the abied. 
Governor shall appoint another Compiler to finish it, and appor- 
tion the compensation ratably between them. 

§ 1049. He is under the supervision of the Governor, and must iiis com- 

1 « -ITT PT'T- 1 pensatioa. 

enter upon and continue m the discharge oi his duties as the 
Governor may order, and shall receive for his services compensa- 
tion to be fixed by the Governor, not exceeding [seven hundred 
and fifty dollars ; provided the Compiler shall employ such assist- 
ance as may be requisite to have the Laws ready for distribution 
in the shortest possible time, to be judged of by the Governor.] (a) 



CHAPTER IV. 

DISTRIBUTION OF THE LAWS AND JOURNALS AND OTHER DOCUMENTS. 



Section. 

1050. Laws and Journals to be distributed 

1051. Number of copies for each County. 

1052. Five copies Journals for cacliCounty 

1053. Clerk to keep two bound Journals. 

1054. Reserved copies of Laws. 

1055. Acts of Congress for each County. 

1056. Distribution— how let out. 



Section. 

1057. Distributors must give bond. 

1058. Damages for breach of bond. 

1059. Bonds — where filed. 

1060. When Gov. may appoint distributors 

1061. Residence of distributors. 

1062. Distribution in advance. 



(a) Actsof 18G5-6,p. 351. 



204 PT. 1. — TIT. 10.— Public Printing. 



Ch:\ptcr 4. — Distribution of the Laws and Journals and other Documents. 

§1050. After the Laws cand Journals are compiled, printed, 
LaTTs and bound, and delivered to the State Librarian, he shall, under the 
bo vUstribut- supervision of the Governor, cause them to be distributed to the 
several Counties of this State. 

§ 1051. Each County is entitled to one copy of the Acts of the 
Copies of General Assembly for each civil officer, both judicial and minis- 
e&oh comuy tcrial, to be distributed by the Clerks of the Inferior Courts 
under the order of the Justices."^ 

§ 1052. Each County is entitled to [ten] (a) copies of the Jour- 

Ckipies of nals of each branch of the General Assembly, which are to remain 

each County, on dcposit iu tlio office of the Clerk of the Inferior Court, and to 

which the citizens of the County shall have free access; also a 

copy of the Laws and Journals for each member of the General 

Assembly. 

§ 1053. Two of the copies of the Journals of each branch of 
Journals to the General Assembly shall be as well bound as the "Acts" — one 

be bound. 

by such Clerk at the expense of the County, securely kept, and 
not permitted to go out of his office. 

§ 1054. The Librarian shall reserve five hundred copies of the Acts 
copfes!^'^^*^ for such further distribution as the General Assembly may order. 

§ 1055. Each County is entitled to two copies of the Acts of 
Congress. ^^ Congrcss, to be kept in the office as the Journals are. 

§ 1056. Immediately upon the adjournment of each session he 
Advertise- shall advcrtiso in one paper in the cities of Augusta, Atlanta, 
tribute Laws Athens, Columbus, Macon, Milledp'eville, Rome, and Savannah, 

andJournals 

for proposals to distribute the Laws and Journals aud other books 
and documents required by law to be distributed, for one distribu- 
tor of such for each Congressional District within sixty days 
from the time received. 

§ 1057. Before beginning the work each distributor shall give a 
Distributor boud, with good securitv, in the sum of five hundred dollars, to be 

togiveboud. ° '^ ' . ' . 

approved by the Governor, conditioned for the prompt and faith- 
ful delivery of the books (specifying them) to the Clerks of the 
Inferior Courts of the several Counties therein named within thirty 
days from their receipt. 

§ 1058. If not done within the time and in the manner, the 
Damages wholc bond is rccovcrablc as liquidated damages, providential 

for breach of ■'• o ? i 

^ond. causes only excepted. 

* See Acts of 18G1, p. 75. (a) Acts of 1861, p. 75. 



PT. 1.— TIT. 11.— Public Defenbe. 



205 



Chapter 1.— Persons Subject to Military Duty, Exemptions, etc. 



S 1059. Such bonds must be filed and recorded in the Executive R^^nd flici 

•^ audrecordea 

Office. 

§ 1060. If no person applies for the distribution of any district, J^'j;;;!'^''^';^ 
the Governor is authorized to appoint such distributor. ly/mttd 

8 1061. The Librarian is required to select an applicant for a Prffc-md 
Congressional District, if physically and mentally capable of the 
service and gives the requisite bond and security. 

g 1062. rSo soon as the Laws are ready, notice of the fact pi'-tribution 
being given in the papers at Milledgeville, the number of copies 
assigned to any County shall be delivered to the order of the 
Clerk of the Inferior Court of said County, or sent as may be 
directed by him, in advance of the distribution hereinbefore pro- 
vided for.] (a) 



TITLE XL 



PUBLIC DEFENSE 



CHAPTER I. 



PERSONS SUBJECT TO MILITARY DUTY, EXEMPTIONS, ETC. 



Section. 

1063. Persons subject to military duty. 
106-1. Persons exempt. 

1065. Officers of militia— when exempt, 

1066. !N'on-commissioned officers, etc. 

1067. Persons employed on vessels, etc. 

1068. Persons subject must be registered. 
■1069. Oath of persons, etc. 

1070. May perform service or pay tax. 



Section. 

1071. Commutation tax — how aA'oided. 

1072. Company drills — four in each yenr. 

1073. Volunteers exempt from road duty. 
1071. Amount of commutation tax. 

1075. Receipt therefor. 

1076. Transient persons — when subject. 

1077. Free men of color — how subject. 



§1063. All able-bodied free white male citizens between the -^-ho are 
ages of twenty-one and forty-five years, residents in this State, mmlSy dn- 
and not exempted by this Code, are subject to military duty. *^'' 

§ 1064. The followina; exemptions shall be recoo-nized — viz : -^-i 

o 1. o >\ no are ox- 

1. The chief officers of the several Executive Departments of ^^^^' 
State. 

2. Judges of the Supreme, Superior, and City Courts, Justices 



(a) Acts of 1865-6, p. 251. 



206 PT. 1.— TIT. 11.— Public Defense. 

Chapter 1. — Persons Subject to JMilitaiy Duty, Exemptions, etc. 



of the Inferior Courts and of the Peace, Sheriffs and deputies, 
Clerks of Courts, and Ordinaries. 

3. Members of the Legishiture during the term for which they 
shall he elected, officers of the Legislature during its session and 
for seven days before and after the same. 

4. Persons employed on railroad trains, and repairers of rail- 
roads, operators and messengers of telegraph companies, post- 
masters and persons employed in post-offices and the transporta- 
tion of the mails. 

5. Ferrymen, bridge and toll gate keepers, and public millers. 

6. Ministers and preachers of the gospel, professors and stu- 
dents, and tutors in all colleges. 

7. Aliens and persons not qualified to vote for members of the 
Legislature. 

8. All persons exempted by the acts of Congress. 

9. All persons on the payment of the commutation tax pre- 
scribed by this Code. 

10. All officers and non-commissioned officers of the militia 
who may entitle themselves to the privileges as hereinafter pre- 
scribed. 

11. Active members of volunteer corps after a prescribed term 
of service. 

12. Regular members of any fire department or organization 
connected therewith. 

§ 1065. Company officers of the militia who shall uniform and 
Militia of- cquip tliemselvcs according to the regulations prescribed for the 
exempt. drcss and uniform of the army of the United States, and shall 
serve in their respective stations continuously for the term of eight 
years, shall not be liable to be called on for military duty there- 
Exception, after, except in case of war, insurrection, rebellion, or invasion. 
§ 1066. Every non-commissioned officer, musician, or private, 
Kon-com- of cvcry uuiform volunteer corps, who shall uniform and equip 
officers, himself and whose term of service shall amount to seven years, 

musicjaps ^ "^ 

and pri- shall also be exempt from military duty, except in case of war, 

Exception, rebellion, insurrection, or invasion. 

§ 1067. Every person employed by the year or season on board 
on^v^eZ^S ^^y vessel, or in the merchant service, or coasting trade, all pi- 
iJore^fS- lots and stevedores, persons employed in any blooming furnace, 
Sempt"^^"' or glass or porcelain factory, cotton or wool mill, shall be exempt 

Exception, from militia duty, except in cases above enumerated. 



PT. 1.— TIT. 11.— Public Defense. 207 



Chapter 1. — Persons Subject to Military Duty, Exemptions, etc. 



§ 1068. Receivers of Tax Returns shall, at the time of receiv- 
ing returns of taxable property from the citizens of this State, 
insert in appropriate columns in their digest the following par- 
ticulars — viz : 

1. Whether the tax payer is himself subject to militia duty. Jx'ilyl^.^^ 

2. How many in his employ, or members of his family, are Hiiifauiiiy 

•^ 1 ./ ^ *j I ana ernploy- 

subject. '-'*=»• 

3. The cause of exemption, if any exists. excmpuon"^ 

4. The company district or beat to which the tax payer belongs. m» district 

5. The amount of commutation tax chargeable to him instead Also amount 

^ of h!8 corn- 

of personal service ; and the amount so charged shall be collected mutation tax 
by the Tax Collector and paid over to the Treasurer of the State tio^i^JTcol- 
with the general tax, and shall constitute the military fund of the tLx coiiec- 

r^ tor. 

fetate. 

^1069. Ko Receiver of Tax Returns shall enter an exemption cause of 

'^ *■ exemiition to 

from military duty against the name of any person without due ^^ ^Jth"^^^ 
proof of the existence of the cause on which the exemption is 
claimed, and to that end the following clause shall be added to 
the oath administered by the Receiver of Tax Returns: "And 
that I believe myself exempted from militia duty in this State for 
and on account of the cause set forth in this return." 

§ 1070. Every citizen subject to military duty may perform the Personal 

•^^ '^ .. . service in 

same in lieu of paying the taxes herein prescribed, but the certifi- neuoftax. 

cate of the captain or commanding officer of the company to 

which he belongs and in which he is actually enrolled shall be 

the only evidence which the Tax Collector is authorized to receive 

in place of the amount charged on the Receiver's digest, and the certificate 

production of which shall be noted by the Tax Collector on his collector. 

return, and he shall be allowed the same in settlement. 

§ 1071. The captain or commandina; officer in each company command- 

^ . , ^ . . Ing officers 

district shall enroll, from time to time, all persons in the limits ^^ enroll 

'^ _ •■• those in ms 

of the district subject to military duty, and shall, without delay, district. 
notify such persons of their enrollment, and shall give a certifi- ^^^^tice to 

>} ^ ... tie given. 

cate to each person performing military duty that he has faithfully 

performed the same, according to the requirements of the Code, 

for twelve months preceding the 31st day of December in each 

and every year, and such certificate shall be produced at the 

time of returning his taxable property, and on failure so to do, Failure to 

the commutation tax for militia duty shall be charged against him SSatef ^^^° 

on the book of the Receiver of Tax Returns. 



208 PT. 1.— TIT. 11.— Public Defense. 



Chapter 1. — Persons Subject to Military Duty, Exemptions, etc. 



§ 1072. Captains of companies shall cause to be mustered for 
cnptains parade and drill all persons ^vithin their- company districts who 

mnster com- * ^ ^ a ./ 

timir eS ^^ ^^^ P^y *^^ commutation tax, the only proof of which pay- 

J""- ment shall bo the receipt of the officer authorized to collect the 

Evidence Same, and who are not otherwise exempt, at least four times in 

ofconmuita- each vcar, at such times as they may direct ; but there shall be 

tiontax. . J J 7 

an interval of at least one month between each muster, and they 
comiuny shall filo a copy of their company roll with the Clerk of the Infe- 
rior Court immediately after the muster which succeeds the closing 
of the books of the Receiver of Tax Returns, for which service 
they shall respectively receive the sum of one dollar. 

§ 1073. Members of volunteer corps actually in uniform and 
Compensa- doinff duty, and the field and staff officers of volunteer resiiments 

tlon therefor 11 i 

and battalions, so long as they remain such, shall be exempted 
Those who from road and patrol duty, and taxation upon property by any 

arc? exempt .., . ■■ , 

from road municipal corporatiou, except such as snali be liable to taxation 

and patrol , , . n ^ n 

duty. by law to raise a revenue tor the fetate. 

§ 1074. The commutation tax for non-performance of militia 

commuta- duty sliall bc ten per cent, upon the State tax, provided it shall 

per cent, on always amouut to twenty-five cents, and shall be collected and 

state tax. . "^ i • • i m 

paid as other taxes are collected and paid into the Treasury ; the 
amount thus raised shall be set apart as a separate fund charge- 
able with the entire military expenses of the State. 

§ 1075. The Tax Collector's receipt to the tax payer shall dis- 

Payment to tinctly specify the payment of the commutation tax for militia 

in Coiiec- duty, wlienevcr paid, in order that the same be made available in 

tors receipt. . „.,..,.. , 

case 01 enrollment by the captains oi militia districts or beat 
companies. 

§ 1076. Transient persons having a place of business, and doing 
Non-resi- busincss in the State, but havino; no residence or home therein, 

dents doins^ tit .,. . t i o •■* 

business in are liable to militia duty, and on failure to pay the commutation 

the Ptate li- ... 

able to mill- tax, or perform military service, shall be liable to an additional 
penalty not exceeding twenty dollars, to be adjudged by any court 
martial, within whose jurisdiction they may happen to be for a 
period of ten days. 

§ 1077. Free men of color above the age of sixteen years, un- 

Free men less belonging to thc fire department, shall be subject to the call 

jectasmusi- of any volunteer military organization, if there be one in the town 

or city of their residence, in the capacity of musician, pioneer, 

mechanic, or servant, and if there be be such volunteer organiza- 



PT. 1.— TIT. 11.— CHAP. 2.— Public Dtsfense. 209 



Article 1. — MiliUiry Force — how Composed. 



tion, then to the militia in one of the aforesaid capacities, and 

they shall be entitled to the usual wa<?es for the practice of such Entitled to 

occupations; but on failure so to attach themselves, when required 

so to do, they shall pay to the Clerk of the Inferior Court, for the serve. ''"'' 

use of the County in which they reside, the sum of five dollars.* 



CHAPTER II. 

MILITxlRY ORGANIZATION 



Article 1. — Military Force — Jioiv composed. 
Article 2. — The Volunteers, 
Article 3. — Cavalry Corps, 
Article 4. — The Blilitia, 
Article 5. — Elections, 



ARTICLE I. 

MILITARY FORCE-HOW COMPOSED. 

Section. I Section. 

1078. The military force of the State. I 1079. The engineer corps of the State. 

§ 1078. The military force of the State embraces the Georgia Military 
Military Institute, the volunteers, and the militia, to which may 
be added such military schools, when the institution is of a mili- 
tary character, as may avail themselves of the provisions herein 
embraced. 

§ 1079. The Georgia Military Institute constitutes the engineer The end- 
corps of the State, and the officers in the Institute having mili- °^''^ *^°^^'*' 
tary rank in the academic staff (cadet officers excepted), shall be 
commissioned as such according to their respective grades. (See 
Military Institute.) 

*This section retained because specially enacted by Acts of 1865-6, page 2ii!7, 
although it would seem to be contrary to the Constitution, and laws changing 
the status of free persons of color. 

14 



210 



TT. 1.— TIT. 11.— CHAP. 2.— Public Defense. 



Article 2. — The Volunteers. 



ARTICLE II. 



THE VOLUNTEERS. 



Section. 

1050. Volunteer forces of the State. 

1051. Battalions in respective Counties. 

1052. Their rights, privileges and duties. 

1053. Number of officers, etc., necessary. 

1054. Companies— how organized. 
lOSo. Arms, etc., supplied — when. 

lOSG. Discipline and exercise prescribed, 

10S7. Must make annual returns. 

loss. Independent companies disbanded* 

10S9. Resignation of captain. 

1000. Regiments and battalions, etc. 

1091. May adopt by-laws. 



Section. 

1092, Fines— how imposed and collected* 

1093, Elections— by whom ordered, 

1094, When by Commander-in-Chief. 

1095, Commissions vacated — when. 

1096, Suits on bonds of officers. 

1097, Disbanded companies, etc. 

109S. Artillery companies received, etc. 

1099. Volunteer companies corporate. 

1100. Courts Inquiry and Courts Martial, 

1101. Volunteers exempt, etc, 

1102. Cumulative provisions. 



Battalions, 
regiments, 
etc. 



§ 1080. The volunteers consist of sucli corps, uniformed and 
Thevoiun- equipped, as now exist, or may hereafter be formed in this State. 
They may organize themselves into companies, battalions, regi- 
ments and brigades, at their option ; but the whole volunteer force 
shall constitute one or more divisions conforming to the organiza- 
tion of the United States Army, except when otherwise prescribed 
in this Code. As soon as such shall be organized, they shall be 
reported to the commander-in-chief, and shall remain permanent 
until changed by his approval or by special enactment. 

§ 1081. Battalions and regiments shall be organized always 
within the limits of their respective Counties, if there are compa- 
nies enough in a County ; if not, then to be added to from adjoining 
Counties, unless companies in other Counties are more accessible, 
to be judged of by the commander-in-chief. 

§ 1082. When thus organized, they have the same rights, privi- 
Eightsand legcs, and are subject to the same duties as such organizations in 
cities. If there are not companies enough in a city to form a 
battalion or regiment, it may be formed by the addition of other 
companies in the same County, if such exist, and if not, then from 
adjoining Counties. 

§ 1083. Volunteer corps may be formed any where within the 

corj^sforaed State, and may consist of citizens of the same or adjoining Coun- 

of the^stTte! ^^^^' Such as may hereafter be formed shall number at least forty 

privates, nine non-commissioned officers, four commissioned officers, 

with such musicians as they may deem sufficient. 

§ 1084. When the requisite number of members are enrolled, 
their first duty shall be to uniform themselves according to the 



PT. 1.— TIT. 11.— CHAP. 2.— Public Defense. 211 

Article 2. — The Volunteers. 



provisions of this Code; they shall then notify the commander-in- ^ when en- 
chief of the number enrolled and uniformed, who shall order an p'^'-t to com- 

' manufcr - in- 

clection for captain and subaltern officers under such superinten- ^''''-■^• 

dence as he may prescribe, and the superintendents shall transmit 

the return of the same to the Executive Department, and the ^,^cers.''° '^^ 

Grovernor shall commission the officers elected, unless the election 

is contested ; in which case, if in the opinion of the Governor there 

be sufficient grounds to set the same aside, he shall order a new 

election. 

§ 1085. Arms and accouterments shall be supplied to the vol- Arms, etc., 

11 . f. t 1 ... . to be sup- 

unteer corps, whether uniiormed or not, by requisition on the pHtd to aii 

^ . , , 11 T volunteer 

(jovernor, m such manner and upon such terms as he may direct, corps. 
from the quota of arms distributed to the several States under the 
laws of Congress, or from other arms belonging to this State. 

§ 1086. The system of discipline and exercise shall, as near as ^jscipune 
may be, conform to that prescribed for the army of the United J?^^ ^^^^' 
States, from time to time, by Congress, but the commander-in- 
chief may direct such text books for use as a guide in such arms 
as he may think proper, and no other weapons of war than such 
as are used bv the soldiers of the army of the United States, ^™s to 

•^ «^ ' conform to 

except by order of the commander-in-chief, shall be used by the ^'J^^|g ^'^ ^• 
volunteers. 

§ 1087. All volunteer corps, except such as may be organized independ- 
into regiments, shall make a full return to the Governor of the makrannuS 
number of men in each corps actually in uniform, the number and Governor. ^° 
rank of the officers, the arms and accouterments in their possession 
supplied by the State, and the number of such as may be unfit for 
use or expended in service, which return shall be made up to the 
first day of May in each year, and signed by the captain of such 
corps. 

§ 1088. Whenever it shall appear to the commander-in-chief indepen- 
that any independent volunteer corps is deficient in the number dSande't[— 
of men required by this Code to constitute a company, he shall 
issue an order requiring the return of such equipments as may 
have been furnished by the State, and disband such corps, but the Exception, 
provisions of this paragraph shall not apply to any volunteer corps 
formed previous to the adoption of this Code, or to any corps 
attached to and constituting a portion of a regiment of volunteers. 

§ 1089. The resignation of a captain of an independent volun- 
teer corps shall not take effect until accepted by the commander- ofVaptain. 



:21l! PT. 1.— tit. 11.— CHAP. 2.— Public Defense. 

Article '2. — The Yoliintccrs. 

in-eliiof, nor until a full return is made to the Governor of all the 
arms and accouterraents received from the State and in possession 
of the corps under his command, inventoried and ready to be 
turned over to his successor, and as often as a captain is elected 
he shall receipt to his predecessor for the arms and accouterments 
so turned over to him. 

§ 1000. When volunteer corps are organized into a regiment or 
Returns of a battaliou, the company returns shall be made to the adjutant, 
companies, and bj liim lorwarded to the Executive Department. 

§ 1091. Volunteer corps may adopt their own by-laws and reg- 
companies ulatious, uot inconsistent with the laws of the State or military 

mav adopt , , ^ ^ . ^ ^ ^ 

bj-iaws, etc. laws or usage, and may adapt them m such mode as they see 
proper to their organization into a regiment or a battalion. The 
commander-in-chief shall prescribe the uniform of volunteer corps, 
and in all matters not provided for in this Code such corps shall 
be governed by military law and usage and the custom of the army 

SiscipUne! ^^ ^^^® United States, so far as they can be made applicable, 

§ 1092. All fines for delinquencies in military duty shall be 
Finestobe assessed by regimental, battalion, or company courts martial, as 

court martial the casc may be, and be collected by execution under the hand and 
seal of the President of the Court, and directed to the Sheriff of 
the County in which the delinquent resides, and the Sheriff shall 
be entitled to such costs and subject to be ruled in the Superior 
Court, and the execution shall have like form and effect as in civil 
cases. The Sheriff may procure the service of such executions by a 
Bailiff, he being responsible therefor as though it were his own act. 
§ 1093. All elections for ofEcers of the volunteers and to fill 

Election for vacancies shall be ordered by the officer within whose immediate 

officer. s — _ 

how ordered commaud the vacancy to be filled occurs. For subalterns, by 
captains of the companies in which the vacancy exists, unless the 
company be attached to a battalion or regiment ; for regimental 
ofiicers, by colonels ; for colonels, by the brigadier-general of the 
regiment, he being attached to a brigade ; for brigadier-general, 
by the general of division. 

§ 1091. In case of a regiment not attached to a brigade, or of a 

Elections in com.pany not attached to a regiment or a battalion, elections for 

an inde[)fn- i »/ o -' 

dent n-i- colouel and captain shall be ordered by the commander-in-chief, 

ni (; n t <j r *■ J ' 

company, ^nd whcn an independent battalion exists, not belonging to a 
regiment or brigade, the election for its commander shall be ordered 
by the commander-in-chief. 



PT. 1.— TIT. 11.— CHAP. 2.— Public Defense. 213 



Article 2. — The Volunteers. 



§ 1095. Whenever a volunteer corps is disbanded, the commis- cornini»- 
sions of its oflicers shall be vacated, but they shall, nevertheless, lAro—v.haa. 
be liable to suit on the bond executed for the safe keeping and 
delivery of the arms entrusted to them by the State, if there 
should be a breach thereof. 

§ 1096. Suits on the bonds of officers of volunteer companies saitsonof- 

r- 1 iniT 1 iitj^' ficer'8 bond. 

tor arms and accouterments shall bo brought under the direction 
of the judge-advocate-general, in whose office such bonds shall be 
filed for safe keeping. 

§ 1097. When any volunteer corps disbands of its own accord, Corps voi- 

r. 1 \ n 1 untiirily dls- 

the members thereof shall cause the fact to be reported to the banding, 
commander-in-chief, and they shall forthwith deliver to some officer 
of the quartermaster-general's department all the public property 
in their possession, and upon filing his receipt therefor with the 
judge-advocate-general, a discharge shall be entered on their bond. 

§1098. Whenever the commanding officer of any volunteer $200 to be 
artillery company in this State shall certify to the Governor that tiuery^com- 
there are sixty active members, officers and privates, upon the 
muster roll of such company, (a copy of which muster roll shall 
accompany the certificate,) and that said company has been exer- 
cised in the field with its guns for not less than two hours at each 
drill, and not less than twelve drills in each year, the Governor 
shall draw his warrant upon the Treasurer of the State for the 
sum of two hundred dollars, to be paid into the fund of said com- 
pany; provided^ nevertheless, that the provisions of this Section 
shall not extend to more than seven companies, not including such 
-companies as may be already organized, and who may comply 
with the provisions of this Section. 

§ 1099. Volunteer companies of infantry, cavalry or artillery, volunteer 

^ ^ . . companies 

which have been or may hereafter be organized, with not less incorporat- 
than forty members, and have their officers duly commissioned, 
are made a body corporate and politic, under their respective 
names and styles, and made capable in law to sue and be sued, to 
plead and be impleaded, to have a common seal, to hold property, 
real, personal or mixed, and to pass such by-laws, rules and regu- 
lations as may be necessary for their government, not inconsistent 
with the laws and Constitution of this State or the United States. 

§ 1100. Courts of inquiry and courts martial, for companies Courts of 

, inquirv and 

incorporated by the provisions of this Code, shall be constituted <-'.^i|'"^s ^'^'- 
aiid regulated by the laws in force relating to volunteer companies. 



214 



PT. 1.— TIT. 11.— CHAP. 2.— Public Defense. 



Article 3. — Cavalry Corps. 



§ 1101. Each member of any company incorporated by the- 

Member? provisions of tliis Codo shall be exempt from road or militia duty, 

corps ex- except sucli as may be required of them as members of their 

empt from . ^ . • ,• c - l'- 

road or mill- rcspectivc cooipanies, and except m tunes oi insurrection, invasion^ 
rebellion, or Avar ; provided, the commanding officer of any com- 
pany so incorporated shall have recorded in the offices of the 
Clerks of the Superior and Inferior Courts of their respective 
Counties, a full and complete list of the members of their com-- 
pany, and that the above exemption shall continue no longer than 
actual membership. 

§ 1102. The five preceding Sections shall be held to be cumula 

Certain sec- tivc to any act already passed, conferring privileges upon any 

lative. company now existing under the laws of this State, or which 



may hereafter be organized. 



ARTICLE IIL 



CAVALRY CORPS. 



Secttoit. 

1103. A squadron of cavalry defined. 

1104. How organized. 

1105. What constitutes a troop, etc. - 



Skctton. 

1106, Parade and drilL 

1107. Fines for non-attendance. 



§ 1103. A squadron of cavalry shall consist of not less than 
Squadron, two or more than five troops, and shall be commanded^^by a major,, 
elected by the commissioned officers of the troops composing the 
squadron. He shall appoint his own staff, and determine his owa 
uniform and that of his staff, with the approbation of the com- 
mander-in-chief. 

§1104. Any two or more troops of cavalry, having regard-to 
Two or their neighborhood and facility of communication with each other, 
may 'form a may unito to form a squadron, and whenever such formation is 
determined on they shall report the same to the commander-in- 
chief, who shall thereupon order an election for major, at such 
time as he may think proper, and shall issue a commission to the 
officer elected. 

§ 1105. Each troop of cavalry shall consist of forty men 
besides the captain, uniformed and mounted; they shall be armed 
with cavalry sabers or broad swords, and dragoon holsters, or 



squadron. 



Arms. 



PT. 1.— TIT. 11.— CHAP. 2.— Public Defense. 



215 



Article 4.— The Militia. 



such other pistols as the commander-in-chief may direct, and may 
carry a carbine at their option. 

§ 1106. The major commanding a squadron of cavalry shall Majortopa- 
parade and exercise the same, cither in squadron or detachment, ron or dc- 

, . , f. . , Til tachrcentan- 

at least once in each year, lor a period not exceeding three days nuaiiy. 
at any one parade, after the arrival at the place of rendezvous. 
Orders for such parade may be given verbally at any parade, or 
by writing. Commissioned officers shall have twenty, non-com- 
missioned officers and men ten days' notice. 

§ 1107. Fines for non-attendance or delinquency at any squad Fines for 
drill, or parade, or muster, shall be imposed by a court martial, to ance* at 
be ordered by the officer commanding the squadron, but they shall drius. 
not exceed double the amount imposed by the regulations of the 
troops of which the delinquent is a member, for offenses of 
like character, and shall be collected as provided in Section 1092. 



ARTICLE ly. 

THE MILITIA. 



Section. 

1108. The militia of the State. 

1109. How organized. 

1110. Companies — how organized. 

1111. Grade of militia officers. 

1112. Now divisions, etc. — how created. 



Section. 

1113. Regiments— how organized. 

1114. Non-commissioned officers. 

1115. Captains make return to adjutant. 

1116. Notice of drills — how given. 

1117. Register of commissioned officers. 



§1108. The militia of the State consists of all persons not The militia. 
heretofore classified within its limits subject to military duty, and 
not exempted therefrom by the acts of Congress or the laws of 
this State, or belonging to some volunteer organization. 

§ 1109. The militia shall be orsjanized into companies, battal- organization 

a I f — now num- 

ions, regiments, brigades, and divisions, which shall be numbered ^Jf^atecUn 
throughout the State, by order of the commander-in-chief, in commissions 
such manner that every corps of the same denomination shall 
bear a different number, by which number every company, dis- 
trict, regiment, brigade, or division, as the case may be, shall be 
designated in the commissions of the officers commanding the 
same. 

§ 1110. If, from exemptions, there are not persons enous-h lia- PefioienoyiQ 

/. ... numbers in 

ble to do militia duty in any district or beat, a company may be »n7 district 

<J <J ^ t */ tj company. 

organized of those so liable from adjoining districts or beats, of 



216 PT. 1.— TIT. 11.— CHAP. 2.-— Public Defense. 



Article 4.— The Militia. 



not less than forty nor more than one hundred, under the direc- 
tion of the colonel of the regiment ; and when so done, must be 
accurately reported. 

§ 1111. The following grades of militia officers shall be recog- 
Gmiio? of nized : Commanding each division, a major-general ; each bri- 
gade, a brigadier-general; each regiment, a colonel, lieutenant- 
colonel, and major; a separate battalion, a major; each company, 
a captain, first and second lieutenants, and ensign. Wherever 
other grades exist, they shall continue until the same becomes 
vacant, when they shall respectively cease and determine. 

§ 1112. New divisions and brigades shall be created by the 

New divis- Legislature ; regimental and company districts by order of the 

brigades, commandor-in-chief, on the report of the officers commandinsi; the 

— r«?giuiontal ..... 

.nnd^'compa- companics in the reo'imental district, but in all cases, when prac- 

ny districts. ^ ^ ^ ' . 

ticable, the regimental district shall be coterminous with the 

County in which it is situated. 

§ 1113. There may be two or more regiments in the same 
Two or more Couuty, and tvfO or more Counties may be united to form a regi- 
may be in mcut, duc regard being had to the proportion thereof ; but the 

same County .. •i»iTir»iiT it it 

existing arrangement m this benair shall not be disturbed except 
by the Legislature, unless upon application of those interested 
therein. 

§1114. The captain of each company shall divide his company 

Captain to into four squads, as nearly equal as may be, and appoint one fit 

pany into and propcr person in each as sergeant, and one as corporal, and 

he shall also appoint a first sergeant : they shall be responsible 

for the proper distribution of all orders, and may be removed by 

a company court martial for proper cause. 

§ 1115. Each captain of a militia company shall make out and 
Roturns to dclivcr to the adjutant of the regiment to which he belongs a full 

be made by f> ■, ■, ■, n i i i • i • 

captain to rctum 01 the number and names oi the men belonging to his 

adjutant i • i i i ti 

company, on the first day of May in each year, for which he shall 
receive such compensation as is paid to the takers of the State's 
census, to be paid out of the military fund. 

§ 1116. A non-commissioned officer, or any other person ap- 

Summons pointcd for the duty, may warn persons subject to militia duty to 

—by wiioni appcar at parades, musters, or drills, and he shall be furnished 

with a list of persons to be warned. Such warning may be given 

verbally to the party in person, or by leaving a written summons 

at his most notorious place of abode; but the party may claim 



PT. 1.— TIT. 11.— CHAP. 2.— Public Defense. 217 

Article 5. — Elections, 

Ills exemption at the time of sacli v/arning and produce to the' 
warning officer tlie cvidenco thereof, which may ho his own oath 
or such other evidence as may establish the fact, and it shall be 
the duty of the warning officer to enter the exemption claimed 
against the name of the party on his list. 

§ 1117. Each colonel of a militia regiment shall, by himself lioHUr of 

. ° . . ofliccrs to be 

or his adjutant, keep a roster or list of all the commissioned offi- kept by 

. , . . coloneL 

cers of his regiment below the rank of captain, and shall revise 
and correct the same as often as may be necessary, and annually, 
on or before the first day of June, shall forward to the Secretary 
of State copies of the returns so delivered to the adjutant of his 
regiment, as well as a copy of the roster above mentioned, and 
for habitual failure in the premises, shall be liable to be tried by 
a general court martial and cashiered, or otherwise punished, as 
said court may direct. 



ARTICLE V. 

ELECTIONS. • 



Section- 

1118. Election of militia oiFicers. 

1119. Notice of— how given. 

1120. Voters failing to attend. 



Section. 

1121. A plurality of votes will elect. 

1122. Elections — by whom ordered. 



§1118. All elections of militia officers shall be by the people; Mmtiaoffi- 

ccrs to \)Q 

of captains and subaltern officers, by the people of the several elected by 
company districts subject to do militia duty ; of field officers, by 
the citizens of the Counties subject to military duty under the 
command of such officers ; brigadier and major-generals, by the 
citizens of the respective brigades and divisions subject to mili- 
tary duty under such commander of the brigade or division, and 
may be superintended by a Justice of the Peace and a freeholder, 
or by two freeholders or two military officers, as the authority how^heilT" 
ordering the election may see fit to prescribe. 

§ 1119. Notice^ of such elections may be given as follows : By Notices of 

. ,. . . _ . ^ T -I ' election — 

publication m one or more gazettes, by notice at the usual place how given. 
of posting legal notices, or by orders published at parade or drill. 
Tvv^enty days' notice shall be given of the time and place of the 
election of any officer below the grade of brigadier-general. > 

§ 1120. In case of voters failing to attend at any election for 
militia officers, and no vote shall be polled, it shall be the duty 



218 



PT. 1.— TIT. 11.— CHAP. 2.— Public Defense. 



Article 5. — EloctioDS. 



New oiec- of the Superintendents to return the fact to the Executive Depart- 

tiou ordered '■ r» i • i 

oronuvrap- ment, TA'ith a statement of the interval allowed for the reception 
when. of votes ; whereupon the commander-in-chief may, in his discre- 
tion, order a new election or appoint an officer to fill the vacancy, 
and commission him accordingly. 

§ 1121. At all elections of militia officers, the person having 
riuraiity tlio hiHiest numbcr of votes shall be declared elected, and every 

of votes to *= . . 7 ^ 

elect officer to whom a commission shall issue shall declare to the Ex- 

ecutive Department, within a reasonable time after its reception, 
his acceptance or declension of the same. After two months have 
elapsed, he shall be deemed to decline unless he shall have uni- 
formed and equipped himself. 

§ 1122. All elections for militia officers of and above the rank 
Elections of caiDtain shall be ordered by the commander-in-chief, and below 

for officers ^ , "^ . ^ . 

above rank that rank by the captain, or those acting as such, and on failure 

of captain. "^ . . 

to elect, such captain or the commanding officer of the company 
may complete the same by appointment, and such appointees shall 
be commissioned as in case of elections. All officers of the military 
force of this State shall be commissioned by the Governor, whether 
of the line, field, or staff". The commission of staff* officers, except 
the chiefs of the staff* department, will expire with the commissions 
of the officers on whose staff* they may be appointed. 



CHAPTER III. 



ORaANIZATION OF THE STAFF OF THE MILITIA. 



Section. 

1123. Staff department of the militia. 

1124. Of the Commander-in-Chief. 

1125. Military duties of Secretarj' of State. 

1126. Staff of division. 

1127. Battalion entitled to a staff— when. 

1128. Secretary of State. 



Section. 

1129. Paymaster-General — his duties. 

1130. Expenses of Staff department. 

1131. Accounts for military service. 

1132. Chief of each staff— his duties. 

1133. Secretary of State chief of staff. 

1134. Governor shall appoint three aids. 



§ 1123. The staff* departments of the militia shall be as follows — 



Staff depart- yj^ 
merits of the 
militia. 



1. The Secretary of State's department. 

2. The Quartermaster-General's department. 

3. The Commissary-General's department. 

4. The Paymaster-General's department. 

5. The Judge-Advocate-General's department. 

6. The Surgeon-General's department. 



PT. 1.— TIT. 11.— Public Defense. 219 



Chapter 3. — Organization of the Staff of the Militia. 



§ 1124. The chiefs of the several staff departments shall be f'h\<:h of 
attached to the staff of the commander-in-chief. ments &t- 

tacheo— how 

§ 1125. [The office of the Adjutant and Inspector General is 
abolished, and the duties heretofore required of that officer shall 
hereafter be performed by the Secretary of State — to- wit : Ilel (a) Military da- 

1 IT • 1 -I 1 I'm -, ^ ^< -'t-.^ tiosofSecre- 

Snall reside and keep his olnce at the seat oi (jovernment. He tary of state. 

shall obey all orders given him by the commander-in-chief in rela- 
tion to the duties of his office, and keep a fair record of all orders 
and communications which he shall receive from time to time. He 
shall require annual returns from the major and brigadier-generals, 
from which he shall make out a general return of the whole strength 
of the militia and forces of the State. He shall provide accurate 
abstracts of annual returns for divisions, brigades, regiments, and 
companies, both of the militia and volunteers, which forms, when 
made out, shall exhibit the strength of arms and accouterments, 
equipments, and munitions of such divisions, brigades, regiments, 
and companies, and a description of the corps composing the same; 
and shall transmit these abstracts for annual returns to all officers, 
who are required to fill them at such times as may be designated 
in general orders. All military orders and commissions shall pass 
through his office. He shall lay before the Governor every com- 
munication he may receive on military affairs requiring Executive 
action. He shall attend all public reviews when the commander- 
in-chief shall review any portion of the forces or the w^hole of 
them. He shall, whenever required by the commander-in-chief, 
inspect the arsenals and armories of the State, which shall be 
under his charge ; and all applications for the distribution of arms 
shall be made to him. He shall also act as inspector-general of 
the State, and shall, whenever ordered by the commander-in-chief, 
inspect any portion of the military forces of the State. 

§ 1126. The division staff shall be constituted as follows : A Division 
division inspector, with the rank of lieutenant-colonel, two aids-de- 
camp, one quartermaster, one judge-advocate, and one surgeon, 
each with the rank of major, to be appointed by the major-general. 
The brigade staff shall consist of a brigade inspector, with the rank Brigado 
of major, one aid-de-camp or quartermaster, each with the rank of '^ 
captain, to be appointed by the brigadier-general. The regimental 
staff shall consist of an adjutant, a quartermaster, a paymaster, stadf^^°^ 

(a) Acts of 1865-6, p. 237. 



220 PT. 1.— TIT. 11.— Public Defense. 



Chapter 3.— Organization of the Staff of the Militia. 



comQiissary, judge-advocate, and surgeon, each with the rank of 
lieutenant, to be appointed by the coh^nel of each regiment. 
§ 1127. In case of a separate battalion, the commanding officer 
stiff of of the battalion shall be entitled to, and shall appoint a like staff 
battalion, with the colonol of a regiment. 

§ 1128. The Secretary of State shall keep in order and control 
Arsenals, the arscnals and mao-azines of the State, attend to the due preser- 

iiiflirazines, ^ ° ' • r 

ordnunoe, yatiou of tbo ordiianco, arms, accouterments, munitions of war, 

etc. under ' ' ' ' 

seireulrvof ^"^^ implements of every description, the property of the State and 
state. J^ ifg possession, and he shall at all times have the control and 
disposition of the same for that purpose. He shall report annually 
to the commander-in-chief the actual situation, condition, and dis- 
position of all the ordnance, arms, and military property which in 
any wise appertain to, or respect the department confided to his 
keeping. 

§ 1129. The paymaster-general shall anuually report to the 
Paymaster commander-in-cliicf all such matters connected with his department 

poneral to -■■ 

make annual ^s como to his knowledge, and all money^s received by him shall 
be deposited in the Treasury to the credit of the military fund, 
and shall constitute a part of the same. 

§ 1130. Each chief of a staff department shall keep a true 

staff 'depart- ^^count of the cxpenscs of his department, which shall be reported 

ra\4e^qua?- ^1^^^'^^^b^ to the commandcr-in-chief, who shall draw his warrant 

teriyreturns ^^ j^^ military fuud for the same. An abstract of such warrants 

shall be laid before the Legislature. 

§ 1131. All fees for military service shall be embraced in an 
for'^imSy account made out and certified by the officer to whom the same 
eerv-ict's. ^^^^ j^^ ^^^^ ^^^ delivered to the officer of the pay department 

within the military organization where the same accrues, who shall 
immediately forward the same to the paymaster-general. 

§ 1132. The chief of each staff department shall, under the 
jurisdic- direction of the commander-in-chief, have command over all subor- 

tion of cliiujs " 

of staff. dinato officers in his department, and shall, from time to time, issue 

orders a.nd instructions for their government and practice, together 

Blanks ami with such printed blanks and forms as may be necessary to carry 

fonris to be f J J J 

provided. qH ordors iuto cxocution. 

§ 1133. The Secretary of State shall be the chief of the staff 

the^taff ^^ organization. The quartermaster-general, commissary-general, 
and paymaster-general, shall each rank as lieutenant-colonels, and 
shall also be appointed by the Governor. The judge-advocate- 



PT. 1.— TIT. 11.— PaBLic Defense. 



221 



Chapter 4. — Courts 3Iartial. 



general and surgeon-general shall each rank as lieutenant-colonels, 
but shall not be entitled to any commands (except in their own 
departments) as such ; they shall Ijo appointed by the Governor. 

§113-1. The Governor shall appoint three aids-de-camp, by . /I'lsto 
warrant, with the rank of colonel, but their warrant shall expire ^'•i <-*-c. 
with the Governor's term of office. 



CHAPTER IV. 

COURTS MARTIAL. 



Section. 

1135. Courts martial — fines and penalties. 

1136. Constitution and rules of. 

1137. How convened. 

1138. Failing to attend court or parade. 

1139. Refusing to attend court. 

1140. Officers detailed, etc. 



Section* 

1141. Pecuniary penalties, how collected. 

1142. Non-commissioned officers, etc. 

1143. Cadets of the Georgia M. Institute. 

1144. Fi.fas. for fines — proceedings. 

1145. Duty of collecting officers. 

114G. Disposition of fines, etc., collected. 



§ 1135. Military forfeitures, fines, and penalties, shall be ad- Courts mar- 
judged by courts martial, in accordance with military law and the judge flues, 
usage of the army of the United States. Notices to officers 
charged with offenses, to appear at a general court martial, shall 
be personally served at least twenty days before the time pre- 
scribed for holding court, and may be contained in the order ap- 
pointing the court. 

§ 1136. The constitution of all courts martial shall be in accord- constitution 
ance with the resi-ulations of the army of the United States, ex- comts mar- 

... . tial. 

cept where differently prescribed in this Code, and their mode of 
proceeding regulated, as far as practicable, by the same rules, but 
no court martial shall impose sentence of death on any offender in 
time of peace, or imprison an offender (except for contempt) in 
time of peace. 

§ 1137. General courts martial shall be convened on the order General 
of the commander-in-chief; they shall have cognizance of all mili- convened. 
tary offenses, and shall not sit with less than five nor more than 
thirteen members, except where supernumeraries are summoned, 
but the acting members of the court shall never exceed thirteen. 
Regimental courts martial may be ordered by a commander of a Eegiruentai 

,,. 'iPii ••! C'^i^rts — how 

regiment or battalion, to consist ot three or more commissioned ordered and 
officers of the regiment or battalion, at least, for trial of offenses 
committed within the battalion or regiment, and company courts 



222 PT. 1.— TIT. U.—ruBLic Defense. 

Chapter 4. — Courts Martial. 

martial may assemble by the order of any captain of a company 
for the trial and assessment of all fines for delinquencies at any 
parade or muster, to consist of the commissioned officers of the 
company. 

§ 1138. Besides the penalties usually adjudged against military 
Officers, iv- oftenses, officers of the militia shall be subject to fine for non- 

eides milita- ^ ^ 

ry i^imsb- attendance at parade, drill, or muster, and for other non-perform- 
jecttofiuo, .^YiQQ of duty, but no fine for absence at company parade, drill, or 
muster, shall exceed ten dollars, exclusive of the cost of collecting 
the same, except as herein provided. 

§ 1139. If any officer charged with a military offense shall refuse 
officersre- -(-Q attend a court martial convened for the trial thereof, the case 

fusing to at- ' 

martiai^^^^* shall procced as if he were present. Company courts martial may 
proceed and assess fines without the presence of the delinquents, 
provided they were duly warned to perform the duty concerning 
which they are delinquent. 

§ 1140. Officers detailed on a general court martial shall be 

Pay and paid the sum of four dollars per day during the time of their ac- 

office?3 on tual session, and four dollars for every twenty miles in going and 

pencrnl, rec- 

imentai and rctumino; thercfrom, to be paid by the Governor by warrant, on 

company ° '^ ^ '^ ^ *^ ^ ' 

comts. the necessary production of the certificate of the president of the 
court. For regimental and company courts martial the pay of 
each member shall be one dollar per day, to be paid out of the 
fines collected by the commander of the regiment, battalion, or 
company. 
Court may § 1141. Courts martial shall have povfer to punish contempts in 

punish for ,1 ' '^ l 

contempt, the Same manner as civil courts. 

§ 1142. Pecuniary penalties assessed by any court martial shall 

lecu^d^^^b^^^ collected by execution issued under the hand of the president 

execution. Qf ^he court, and directed to the Sheriff of the County in which 

the delinquent resides, and shall have the same force and effect as 

civil process of the same character, according to the laws of this 

State. 

§ 1143. Non-commxissioned officers shall be degraded to ranks 
Degraded. Only by sentcncc of a company court martial. 

§ 1144. Cadets of the Greorgia Military Institute must be tried 
^^^T"^""^ according to the rules and regulations of said Institute. 

§ 1145. All executions for the collection of any penalty ad- 
b?^f"turned J^^S^^ ^^ ^ court martial shall be returned to the officer issuing 
In 60 days, the samc, with the money collected thereon, or a return of no 



PT. 1.— TIT. 11.— Public Defense. 



223 



Chapter 5. — Preservation of Order at Parades. 



property to be found on which to levy the same, within sixty days 
from the date of its issue ; and the Sheriff, on failure to make a 
return, shall be liable to be ruled for the amount due on such exe- 
cution, in the next Superior Court after such failure, in the same 
manner as in civil cases. 

§ 1146. All officers of the militia receiving fines or pecuniary ^^^^'^^'^\l';^, 
penalties, collected by execution, shall make a return thereof to ^JJ'-'* coiiect- 
the paymaster-general, or to such officer of his department as he 
may designate, at least once a year, or oftener if necessary. The 
paymaster-general shall lay an abstract of the same before the 
commander-in-chief annually. 



CHAPTER V. 



PRESERVATION OF ORDER AT PARADES. 



Section. 

1147. Disturbing officer or soldier on duty 

1148. By persons connected with military. 

1149. Officer has power to arrest. 



Section. 

1150. Sutlers — duties and privileges. 

1151. Intoxication on parade ground. 



§ 1147. No bystander, or person not connected with the military, interfering 
shall molest, interrupt or insult any officer or soldier, while on or soldier on 
duty, at any muster or parade, and the commanding officer, where 
such offense may happen, shall have power to confine such person 
under guard until the close of such parade or muster, who is lia- 
ble to indictment and conviction for a misdemeanor, to be punished 
in the discretion of the court. 

§ 1148. Any person connected with the military service of the insubordi- 
State who shall be guilty of the offenses mentioned in the prece- military. 
ding Section, or shall otherwise violate military order or decorum, 
shall be arrested and punished at the discretion of a court martial. 

§ 1149. The commander of companies, battalions or rec^iments, Command- 

, . 1 T . . 1 1 . , , . . ersmaycon- 

briai-ades or divisions, when on duty with their respective com- fine persons 

^ ' . . disturbing a 

mands or parts thereof, shall have power, in their discretion, to parade, r 
arrest and confine, not exceeding the period for which they were on 
duty, any person who shall upon or near any parade ground, field, 
public highway, or any other place occupied by any portion of the 
military force of Georgia, under arms, by means of ludicrous dis- 
guise, dress, arms, and instruments, noise, or other means, disturb 
the peaceable and orderly proceedings of those under arms, and 



224 



PT. l.~TIT. 11.— Public Defense. 



Chapter 0. — Provisious of Local Application. 



Offenders such disturbance may be viewed as a misdemeanor, and the offen- 
dicieafor a dcr may be indicted, and on conviction punished by fine and im- 
or. prisonment, at the discretion oi the civil court before which he is 

convicted. 

§ 1150. When any sutlers shall attend any military muster or 
Butlers wn- parade they shall be under the direction of the commanding officer 

der the con- -^ "1 . r» t 

troi of com- "v^-ith rcsiard to the time and place of sellins; refreshments, and such 

uiaouiug of- "-^ ^ -^ •-' ... 

fi«r- commanding officer shall have power to grant exclusive privileges 

to such persons as may engage to furnish suitable, spacious, and 
convenient places of parade, and the' sutler aforesaid, when per- 
mitted, shall not be liable for retailing spirituous liquors at any of 
the musters aforesaid under the law for retailing spirituous liquors 
without license. 

§ 1151. Visitors found on the parade ground during the times 
Treatment thcreof iutoxicatcd, mav by the commander be marched beyond 

of mtoxica- -'././ ^ ./ 

ted visitors, the lincs, and on returning in the same state may be put under 
guard. 



CHAPTER VI. 



PROVIfSIONS OF LOCAL APPLICATION- 



Section. 

1152. Cities — organization of companies. 

1153. Each beat elect a captain, etc. 
115i. Removal of commissioned of&cer. 

1155. Captain of boat, etc. 

1156. Beat company — how designated. 

1157. Regiments, battalions, etc. 

1158. Volunteer companies of Augusta. 

1159. Commanding officer — how elected. 



Section. 

1160. Members exempt from jury duty. 

1161. Same privileges to other cities. 

1162. Volunteer corps of Savannah. 

1163. How organized. 

1164. Rights of the regiment secured. 

1165. By whom commanded. 

1158. Honorary members — how admitted. 



VI 

beats, 



§ 1152. Cities where the population may authorize it may be 
Cities di- divided into beat companies by law ; each district in which two 

ifled into r ./ -' ^ 

Justices of the Peace are elected shall constitute two beat com- 

Eighti>eat pauics. If there be eight beat companies or more they shall con- 

fonnTrl^" stitutc a regiment; four or more shall constitute a battalion to be 

battalion- Commanded by a lieutenant-colonel and major; two or more shall 

constitute a battalion to be commanded by a major. 

§1153. The citizens of the several cities or towns arranged into 

Election of beat compauics, resident within their respective beats, shall elect 

beat conipa- one Captain and two subaltern officers for each beat company; 

ions'andreg- whcrc a battaliou exists the citizens resident within the battalion 

iments. 



4»; • ri^j^'ii/ 

PT. 1.— TIT. 11.— Public Defense. 225 



Chapter C— rrovi.sions of Local Application. 



limits shall elect the lieutenant-colonel and major, or major, as the 
case may be, and where a regiment is formed the citizens within 
its limits shall elect a colonel, lieutenant-colonel, and major. 

§ 1154. In cities or towns the removal of a commissioned oflicer whorf^com- 

in i fj s i o n e d 

shall not vacate his commission, unless it be beyond the corporate "^^':y "'^y 

-' - '' *■ reside. 

limits of the city or town. 

§1155. The captains of all beat companies in the State shall captainsto 

^ 1 . . appoint rion- 

appoint four sergeants and four corporals for their respective ^''"'^"'f i'^"- 
companies ; they shall hold company courts martial in like manner 
with captains of company districts. 

§ 1156. The beat companies in each resriment or battalion shall i^eat com- 

^ ^ " paniesof 

be designated by the first ten letters of the alphabet, commencing; j-^'tnmenta — 

o >j 1 ^ ^ ^ o howdesigna- 

with "A" and continuing regularly to '^K," omitting "J." ^^'^• 

§ 1157. Battalions under separate command by the name of the Battalions 

-,.,■, 1 T -1 . ■, and regi- 

city or town m which they are located, and regiments by a num- ments. 
ber fixed by the commander-in-chief. 

§ 1158. The volunteer companies of the city of Augusta are Volunteer 

-\ ' 1 T ^^ ^ ^ f f T ^ t -vti companies of 

ore^anized into a separate battalion called the "Independent Vol- city of au-* 

)? 1 1 r» 1 1 • g^istatoform 

unteer Battalion of Aiig;usta, and separated from the tenth regi- independent 

^ . -^ . . ^ battalion. 

ment. Any other companies which may be organized hereafter 
in the city of Augusta may, if they desire it, be attached to the 
battalion, and when the number of companies amount to eight, 
they shall constitute a regiment to be called the " Independent 
Volunteer Regixnent of Augusta." 

§ 1159. The battalion shall be commanded by a lieutenant- commar^der 

, *^ of the bat- 

colonel, elected by the members of the companies composing the taiion— how 

battalion, wdio shall have a full and complete regimental staff. 
No person shall be eligible as lieutenant-colonel or to an appoint- 
ment on the staff who has not been connected as a regular mem- 
ber with one of the companies of the battalion for at least six 
months previous to the election or appointment. 

§ 1160. The active members of the battalion are exempted from Battalion 

1,'T/N , c ,^ • , r* K -1.1^ exempt from 

jury duty m the Courts oi the city oi Augusta and m the County jpry and mi- 
of Richmond, and from the performance of militia duty, except 
in case of w^ar, riot, insurrection, or invasion. The battalion ^ 
shall be subject to the orders of the commanding officer when- 
ever he may deem it expedient. 

§1161. The same privilege is granted to the volunteer com- CityToinn- 

,1 ., r»T\T ^ ^ • . irv, teer com- 

panies m the city ot Macon, and any other cit}^ in the State panies may 

1 . 1 T 1 . . 1 n T form a Imt- 

wiiich has the requisite number oi volunteer companies, and if taUon with 
15 



V 



■^ 



\*- 



226 FT. 1.— TIT. 11.— Public Defense. 



Chapter G. — Provisions of Local Application. 



like piiYiie- deficient, they are allowed to make up sucli number from the 
County in which such city is situated, and if not in the County, 
elsewhere. 

§ 11G2. The volunteer corps of the city of Savannah are 
Tohinteer formed iuto a resiiment entitled the " First Volunteer Regiment 

corps of Sa- ^ ^ ^ ° 

vannabform of tlio State of Gcorgla," embracing as many corps as may choose 
to conform to the regimental organization ; but when the regi- 
ment numbers sixteen companies, they may organize themselves 
into a brigade and elect the necessary officers to command the 
same in such manner as the members of said companies may see 
fit to adopt. 

§ 1163. The first volunteer regiment shall be commanded by a 

Officersand coloncl, lieuteuant-colonel, and maior, and shall be entitled to a 
staff. ' ' . 

regimental staff". Orders for the election of a colonel, as often 
as a vacancy occurs, shall be issued by the commander-in-chief, 
and the members of the several corps constituting the regiment 
alone shall be entitled to vote ; all other elections for officers be- 

\ longing to said regiment shall be ordered by the colonel or com- 

manding officer. 

§ 1164. The rights and privileges accruing to said regiment 

Eights of the shall uot fail by the consolidation of two or more companies, or 

regrtment se- , .,, -, t i - n - ^ ^ 

cured the Withdrawal or dissolution oi one or more companies, but the 
same shall vest in and be enjoyed by the corps composing the 
"First Volunteer Regiment." 

§1165. The "First Volunteer Regiment" shall be subject ex- 

commanded clusivcly to the commaud of its own officers and the commander- 

by its own ^ , , , . ^ 

officers and in-chiof, oxcopt whcn on detached service either of this State or 

commander- ^ 

in-chief. of the United States, when it shall be governed by the military 

law and the usage and custom of the army. 

§ 1166. All the volunteer corps shall each have the privilege of 

Honorary enrollius;, as honorary members of their respective corps, not ex- 
members of 7 ,/ i. 17 

volunteer cecding twcuty persons, who shall be exempt from ordinary mili- 
tia duty only so long as they continue their membership in said 
companies, on paying into their respective treasuries the sum 
^ of twenty dollars each annually. 



PT. L— TIT. 11.— Public Defense. 



227 



Chapter 7. — Miscellaneous Provisions. 



CHAPTER VII. 

M I S C E L L A N E O U S IMt (J V I S T O N S 



^Srction. 

11()7. Insurrection, etc. — duty of (jov'iior. 

1108. Discipline of military. 

11G9. Entitled to pay and rations — when. 

1170. Duty of resident commander. 

1171. Requisition of militia by U. (States. 

1172. Commanding officer, etc. 

■ 1173. When called out of the State, etc. 

1174. Pass over ferries, etc., free — when.. 

1175. Under arms to preserve order, etc. 



iSi':(;tiox. 

1170. Arms, etc., exempt from nale. 

1177. Nuniljcr of voter? required to elect. 

1178. p]lections and returnn thereof. 

1179. Commissions and effect thereof. 

1180. The ratification by the State. 

1181. Officers must report themselves. 

1182. Sul>stitutes may be received. 
118;]. General provisions adopting, etc. 
1184. Incorporated companies not affected. 



In case 
of insurrec- 



§ 1167. Upon any insurrection, rebellion, invasion, or probable 
iDrospect thereof, it shall be the duty of the Governor to call from tion, inva- 

iT i -" «/ s 1 o n, e t c, 

that portion of the State then threatened, or other portion if ne- [^^^-^-l^^^^ 
cessary, such part of the military force of the State as he may ^'^'■^^• 
think proper, and detail such number of staff officers of the neces- 
sary grades from the several staff departments for their accommo- 
dation, equipment, and support, as may be necessary. 

^ 1168. Whenever any portion of the military force of this Discipline 

. . . . when called 

State shall be called into actual service, either of the State or of i'to actual 

service. 

the United btates, they shall be governed by the regulations of 

the army of the United States and the rules and articles of war, 

so far as the same are applicable ; but to the cashiering of any 

officer, or the infliction of capital punishment within the limits of 

this State, the approbation of the commander-in-chief shall be 
necessary. 

§ 1169. When any portion of the military force of the State is or- 
dered by the commander-in-chief for actual service, or for drill and 
instruction, they shall be allowed such pay and rations and other 
compensation as are allowed to the army of the United States. 

§1170. If a sudden invasion should be made, or insurrection Duty of res- 
happen, in any County or city of this State, the commanding offi- manders in 

, - ™ *■ . . , , - case of sud- 

cer 111 said (Jounty or city is empowered to take the necessary deu invasion 
steps to repel the same, and, upon the requisition of the civil au- 
thority, to proceed to quell the insurrection, reporting the condi- 
tion of things at once to the commander-in-chief. 

§ 1171. Whenever any detachment of the militia may be re- Detachment 

T n T • a 1 1 ^ • , of militia 

quired oi this btate, by tlie proper authority, on the part ot the e-uicdforby 
United States, the commander-in-chief shall cause the same to be 
apportioned by such staff officers as he may think pi oper to detail 
for that purpose, and a list of the persons so detached shall be 



Pay and 
rations. 



22S PT. 1,— TIT. 11.— Public Defense, 



Chapter 7. — Miscellaneous Provisions. 



made out and forwarded to the Executive Department forthwith , 
and the Governor shall assign the necessary officers to said detach- 
ment from the officers of the militia then in commission. 

§ 11 7 'J. When a division, or brigade, or companies sufficient to 

Briimiie constitutc citlicr, shall be called for on the part of the United 

ot"iniiitia Statcs and detached from the militia of this State, the Governor 

callOvl into ,., . .iirp ii i 

service of shall appoint a suitable oincer to command the same, and commis- 
sion him accordingly, unless otherwise provided for by the Consti- 
tution and laws of the United States. 

§ 1173. Whenever a sufficient number of the militia to consti- 
Eedmoator tutc a rcgimcut or battalion shall be detailed for service to operate 
niiii\i:i call- bcvond the limits of the State, such reo;iment shall be furnished 

ed out of the " *^, 

State. by the Governor with tw^o nags — one the regimental color, bear- 
ing the arms of the State, the other the national color, bearing 
the arms of the United States — both inscribed with the name of 
the regiment, and if a battalion, the regimental color only, con- 
forming to flags of like description in the army of the United 
States, and at the close of the service it shall be the duty of 
the officer commanding such regiment or battalion to return the 
same to the Governor, or report the reasons for his default there- 
in, which shall be communicated to the next General Assembly. 
§ 1174. All officers, whilst on duty, and any militia called to 

officersand musters, parades, or drills, or to courts martial, or courts of in- 

pn?5 free ov- quiry, haviug to pass over toll bridges, ferries, or through turn- 
er toubndg- ., in IIP • • f IT 

es— when, pikc gates, shall pass toll tree going to or returning irom the dis- 
charge of such duty. 

§ 1175. For the purpose of preserving order on any day of parade, 
(i^^^Tml di'illj 01' muster, the militia shall be considered as under arms from 
d ftr Tr m^s thc risiug of tlic sun to its setting in the same day, and shall be 

from sunrise iii* i ^ • •^ > j.' 

to sunset, exempted irom arrest during that time. 

§ 117G. All arms, ammunition, and equipments, the trooper's 
Arms, ac- horsc and furniture, the uniform and accouterments of the soldier, 

couterrnents , , ,iti c ^^^ i-- 

etc., t^en>pt and cvcry horse necessary to the discharge or military duty in 

from sale, , nioi ? • • ^ ^ - \ ^ ^^ i 

every department oi the otate s service, with his apparel, shall be 
exempt from seizure and sale under civil process ; nor shall any 
service of civil process be effectual upon any militia man while 
going to, continuing at, or returning from parade, drill, or muster, 
or w^hilc in actual service of the State or of the United States. 
§ 1177. At all elections for officers of the militia, the person 
Toies to elect having the highest number of votes shall be declared elected. 



TT. 1.— TIT. 11.— Public Defense. 229 

Cliiipter 7. — MisofilliinooiiH Provisions. 



S 1178. All elections for militia officers shall be held at the Kiection*— 

"^ ^ ^ where heUL 

usual place of holding elections, and the superintendents shall re- 
turn the result thereof to the commander-in-chief, who shall cause 
€ommissions to issue accordingly ; but upon due proof of fi'aud or 
illegality in holding such election, the commander-in-chief may 
supersede the same and order a new one in his discretion. 

§ 1179. All commissions shall bear the impression of the Great (.'ommis- 

^ ^ sions scaled 

Seal of the State in print, and shall run during good behavior ; but with Great 

they may be vacated by removal from the command in which the 

officer belongs by death, resignation, sentence of a court martial, 

and acceptance of another inconsistent commission. Staff officers, staff officers 

except the chiefs of the staff departments, may be removed by the moved. 

officer in whose staff they serve, and their commissions shall expire 

with his commission. 

§ 1180. The resolution of the Senate concurring in the nomi- Nomination 

m ini -PIT ^ T\ • ^ of a military 

nation or any mihtary omcer shall be certified by the rresident omcer to be 

•^ •^ . *^ . certified. 

and Clerk of the Senate, and be transmitted to the Executive 
Department, and the Governor shall cause commissions to issue in 
accordance therewith. 

§ 1181. All officers, on reception of their commission and their officers to 

report them- 

subseription, and the attestation of the oath thereto annexed, selves. 
shall immediately report themselves to the proper officer in com- 
mand. 

§ 1182. Any person detached to serve wdth any portion of the May provide 

. . , *^ a substitute 

militia called into the service of the United States may offer a ^^^^n (^-^n^^d 

'^ into service 

substitute at or before the time of rendezvous, and such substi- «f ^- '^• 
tute, if he shall be an able-bodied man of the age of twenty-one 
years and upwards, and shall consent in writing to subject himself 
to all the duties, fines, forfeitures, and punishments to which his 
principal would be subject were he personally to serve, he shall 
be accepted by the commanding officer of the detachment, and 
ordered to be enrolled in place of his principal. 

§ 1183. All matters of detail in the various branches of the General pro- 

•T • n ^ n - ^^ • i i r* • i • visionsadop- 

military service or the fetate, not specially provided for m this ting miiitafy 
Code, which may occur in the execution and distribution of orders, 
reports and returns, proceedings of courts martial and courts of 
inquiry, discipline and etiquette, rank and precedence of officers, 
military badges and distinctions, shall be determined, as far as 
practicable, by military law and usage and the custom of the 
army of the United States. 



230 



PT. 1.— TIT. 11.— Public Defense, 



Chapter 8. — The Public Arms aud Arsenals. 



§ 118-1. The provisions of this Code shall not repeal or super- 
Code not to sede any riirhts, privileo;es, or liabilities, attaching to any military 

repeal privi- .., o ^ t - t • 

leces of orcein izati on by any act of the Lea;islature creatini^ such org-an- 
compauies. jzatiou a corporato bodj ; but in all cases where volunteer com- 
panies have been incorporated, they shall be called on by gen- 
eral order, published by the commander-in-chief, to report by the 
first day of May next ensuing the date when this Code shall go 
into effect ; and on failure to report, they shall be deemed to have 
surrendered their franchise as corporations, and shall be dropped 
from the roll and disbanded ; nor shall they supersede an}^ militia 
laws now of force that may not be inconsistent with them. 



CHAPTER VIIL 

THE, PUBLIC ARMS AND ARSEiSTALS 



Sectiox. 

1185. The public arms — where kept. 

1186. Persons receiving must give bond. 

1187. Delivery of arms. 

1188. Bond not required — when. 
11S9. Brigade inspector — bis dLTtj\ 
1190. Commissary-geneval — bis duty. 



Section, 

1191. City volunteers may vise arsenal. 

1192. Deposit of gunpowder, 

1193. Military storekeeper, etc. 

1194. Must give bond and surety. 

1195. His duties. 

1196. Penalty for violation of duty. 



§ 1185. The public arms of the State are to be deposited in the 
Public arms, arscuals at Savannah and Milledo-eville, as the public exigency 

whore kept. . o ? r t. ^ j 

may require, and at such other place as the commander-in-chief 
may order, or the General Assembly prescribe. 

§ 1186. Before arms and accouterments are delivered to any 
Bond and voluntecr corps, bonds and sureties must be executed for their 
^ven. ^ ^ careful preservation and faithful return according to law, paya- 
ble to the commander-in-chief, in such sum and under such other 
regulations as he m.ay prescribe. 

§ 1187. When such is done, the Secretary of State shall draw 
Delivery of ]^ig order on the keeper, wha shall, vfithout delay, deliver them. 

§ 1188. In case the public necessity requires it, the commander- 
Bonris in-chief may permit the delivery or distribution of arms w^ithout 

not rt-fiuired . 

—when. taking such bond, and may impose such terms as he may see 
proper. 

§ 1189. The brigade inspectors must examine into and report 
Britrade tho condition of the public arms and accouterments in their re- 

Inspcelor to . . -^ -at t 

report, spectivc brigades to the Secretary of State by the first Monday 
in October annually. 



PT. 1.— TIT. 11.— Public Defense. 231 

Chapter 8.— The Public Arms and ArBcnals. 



§1190. When the Secretary of State is satisfied that any por- Neglect of 
tion of such are being injured for want of proper care, he may 
prescribe such terms for their preservation as he may see fit, and 
may, in his discretion, have them returned to the arsenals. 

§ 1191. The volunteer corps of any city of this State where ^^^^^^^'^^^f J/^^' 
there is an arsenal are permitted to deposit their arms there, pro- ""^^ arbcnab 
vided such does not interfere with the proper keeping of the arms 
therein and that all expense of so doing is defrayed by such corps. 

^ 1192. Gunpowder shall not be deposited in any arsenal con- Deposits of 

^ ... gunpow'dfcr. 

trary to any ordinance or by-law of the city where it is situated. 

S 1193. The Governor has power to appoint military storekeep- Military 

storekeepers 

ers for such arsenals or other places where the public arms may 
be kept, who hold their offices for one year. 

§ 1194. Before entering; on the discharp;e of their duties, all , shaji ^nve 

"^ o o "bond an a 

military storekeepers shall give bond and surety in such sum as ^^^'^^y- 
the Governor may order, and shall also swear faithfully to dis- 
charge the duties of their offices to the best of their skill and 
knowledge. , 

§ 1195. It is their duty — 

1. To take into possession and safely and nicely keep all the The duties 

■•■ , ^ '^ ./ i of military 

State arms, accouterments, munitions, or other State property storekeepers 
committed to their care ; to deposit them in the State Arsenal if 
in good repair, or in such other building as they may be directed, 
and to keep such arsenal or building in proper order. 

2. To make annually, or oftener if required by the Governor 
or Secretary of State, a report to the said latter named officer 

of the number, kind, and order of the arms and accouterments ; ^ 
of the condition of the munitions and other property in their 
keeping, including the condition of their buildings. 

3. To deliver to any officer or person having the order of the 
Secretary of State the arms or other property required, if in 
their possession. 

4. To obey all lawful orders, and to perform such other duty as 
the law may require. 

§1196. If such keeper shall violate any portion of his duty. Penalty for 

1-1-iPP- n 1 violation of 

for each violation he forfeits twenty-five dollars of his salary, and duty. 
for unfaithful conduct or inefficiency may be removed by the 
Governor. 



Ov>.-) 



PT. 1.— TIT. 12— Education. 



Chapter 1. — The Universit}' of Georgia. 



TITLE XIL 

EDUCATION. 



CHAPTER I. 

THE UNIVERSITY OF GEORGIA. 



Section. 



I Section. 



1197. Tlic University of Geoi'gia. 

1198. Name and style — may sue, etc. 

1199. Number of Trustees. 

1200. Board reduced below a quorum. 

1201. Powers specified. 

1202. Meeting— by whom called. 

1203. Trustee failing to attend, etc. 

1204. Disposition of stock subscribed for. 

1205. Trustees must report annually. 

1206. Visitors — number and duty, etc. 



1207. Report laid before the Legislature. 

1208. Officers— religion of. 

1209. Not required to take certain oaths. 

1210. Chancellor may attend Legislature. 

1211. University may confer degrees. 
1212.' Graduates of Lumpkin Law School. 

1213. Preparatory school connected. 

1214. Campus grounds reserved. 

1215. Permanent income, etc. 

1216. Former acts not repealed by Code. 



sue 
sued 



§ 1197. The government of the University of Georgia, at Athens, 
of^^GeorSis vested in a Board of. Trustees, who are subject to the General 

er"nmentf''" Assembly. 

§ 1198. For such purpose they are a body corporate and politic, 
Name and ^ J thc name of the "Trustees of the University of Georgia," by 
^ V^d^be which they shall have a perpetual succession, have and use a com- 
mon seal, and be a person in law, able to plead and be impleaded, 
to hold and acquire real and personal estate, with power to lease 
and otherwise manage the same for the good of the University. 
All money or property granted by the State, or individuals, for 
the advancement of learning in general, is vested in such Trus- 
tees. 

§ 1199. Such Trustees shall consist of citizens of this 

— of whom shall make a quorum, with power to 



Number of State, any — 

Trustees. ii i • . , . , . , . 

transact all business within their authority. 

§ 1200. If the Board shall be reduced to less than a quorum, 
bS^?3 re^ the Governor shall fill the vacancies until the quorum is complete, 
a^quormn?^ and then the quorum shall fill the remaining vacancies. 
§ 1201. They have power — 

1. To elect their own officers, such as President, Vice-President, 
POj^jers Secretary, Treasurer, or such of them as they may require, and 
also all other officers they may deem necessary for their organi- 
zation. 



PT. 1.— TIT. 12.— Education. 233 

Chapter 1. — The University of Georgia. 



2. To elect a presiding ofHccr of said University, who slifill Tjc vr<<iunng 

^ ^ •^' officer. 

styled "the Chancellor of the University of Georgia," and in case 
of a vacancy in his office, unsupplied, to create such office and 
make such arrangement for the conduct of the institution as to 
them shall seem meet. 

3. To elect or appoint professors, tutors, stewards, or any other JJ^'^J^^flf*' 
officer necessary, to discontinue or remove them as the good of 

the University may require, and fix their salaries. 

4. To prescribe the course of studies to be pursued by the stu- conrBe of 

^ . . studies. 

dents, the terms and manner of graduating, and of conferring all 
the degrees. 

5. To establish all such schools of learnino; or art as may be Establish 

. ° "^ school 3. 

useful to the State, and organize the same in the way most likely 
to attain the ends desired. 

6. To call on all persons who may have, or have had, any funds, Books, 
property, papers, or books belonging to the University, to deliver 

them up and make settlements. 

7. To adjust and determine the expenses of the institution. Expenses. 

8. To exercise any power usually granted to such incorpora- Powers usu- 

•^ ^ . , . ally granted. 

tions necessary to its usefulness, and not in conflict with the Con- 
stitution and laws. 

§1202. The President of the Board and two of its members ^^^eetings of 

'^ Board — how 

may appoint a meeting at any time, by giving to the others at ^^i^^"^- 
least ten days' notice, by letter or otherwise. When the Presi- 
dent does not act the senior Trustee present shall preside, and in 
all other respects discharge his duties; when the Board is divided 
the presiding officer shall give the casting vote, or may vote to 
make a tie. A majority of the body present shall govern if a 
quorum. Nothing done at a special meeting shall be binding 
after the rising of the next annual meeting, unless then confirmed. 

§1203. If any member of the Board, beinsj within the State, „ Trustees 

. - . failing to at- 

shall fail to attend any two successive annual meetings his seat tend. 
becomes thereby vacant, unless he is specially excused by the 
Board for good cause shown. 

§ 1204. Such Trustees shall never dispose of the stock by them siiaiinotdis- 

^ pose of stock 

subscribed for, except with the consent of the General Assembly, subscribed 
but the dividends therefrom shall be drawn and used as the 
various demands of the University may require. 

§ 1205. It is the duty of such Trustees to make an annual report Trustees 

^ «^ ^ must reporl 

of their business to the Governor, which must embrace a state- ''^n^^^i^y- 



234 PT. 1.— TIT. 12.— Education. 



Chapter 1. — The University of Georgia. 



ment of tlicir expenditures and receipts on account of the Uni- 
versity, the number and names of the students, their different 
studies, the tuition money, and all information and suggestions 
■which the Board may think conducive to the good of the Uni- 
versity, and the cause of general education in the State. 

§ 1206. The Governor shall appoint annually ten citizens of this 
Special State as a special Board of Visitors to attend the University 

BoanlotVis- . . ,. , , i -i 

iters— how examinations precedino; the annual commencements, and said 

appointed. . , . 

committee, by three of their number chosen by them, shall report 
to the Governor -with the least possible delay, the character of 
said examination. Such Visitors shall receive for their services 
five dollars per diem, estimating from the date of their leaving 
their respective homes. 

§ 1207. The Governor shall lay the reports respectively, of the 
Report of Board of Trustees and the Board of Visitors, annually, before 

B a r d s of _ ^ " 

Tru-^teesand the General Assembly, in connection with his annual messasre, 

^ fsitors. "^ ' ^ ' 

with such comments as he may see proper, and when so done the 
General Assembly has power to revise and approve or reject the 
action of the Board of Trustees. 

§ 1208. All officers elected or appointed for the University shall 
Officers shall be of the Christian religion, but no person of any reliaiious denom- 

be of the , , & ' r J i=> ^ 

Christian re- ination shall bo excluded from equal advanta2;es of education and 

ligion. ^ " ^ 

the immunities of the University on account of their speculative 
sentiments in religion, or being of a different religious profession 
from the trustees or faculty.* 

§ 1209. The Chancellor of the University, its professors and 
Oaths re- tutors, shall not be required to take certain oaths prescribed in 

quired in the , ■*■ 

charter. its charter. 

§ 1210. The Chancellor has the authority to appear before the 
chaneeiior General Assembly once at each session and address them in person 

mav appear , , , . . , ^ i tt • 

before theou the coudition, intcrests, and wants oi the University. 
§ 1211. The University may confer degrees as follows : 

1. To each graduate of the University the degree of Bachelor 

degrees. Ol xirtS, 

2. To each graduate of the University, or of another college of 
three years' standing, or to such graduates as have passed a year 
in the University schools, all being of good moral character, the 
degree of Master of Arts. 

* See 5th Clause, 1st Article Constitution of Georgia. 



PT. 1.— TIT. 12.— Education. 2^i5 



Chapter 1.— The University of Georgia, 



3. To all law students who liavc attended the lectures of the 
professors, and are recommended by them for the same, the degree 
of Bachelor of Laws. 

4. To the graduates of such medical school as may he established 
by the trustees of the University, the degree of Doctor of Medicine. 

5. To students in the University schools of two years' standing, 
and proficient in two or more of them, the degree of Doctor of 
Philosophy. 

6. To persons distinguished for learning, ability, and character, 
according to their respective vocations, the degree of Doctor of 
Laws, or of Divinity, and, where appropriate, both. It may also 
confer such other degrees and honors as may tend to the promo- 
tions of the arts and sciences. 

§ 1212. Any law student havins; a diploma of 2;raduation, si^jned Law stn- 

, -1 1 . ^ -I TT . • ••1111 ''^"^s ^^y 

by the proper authority of the University, is entitled to plead piactico. 

and practice law in all the Courts of Law and Equity of this State 

on the same terras of the graduates of the Lumpkin Law School; 

and all graduates of the Medical School of the University are 

entitled to practice their profession in all its branches. 

§ 1213. By the authority of the Board of Trustees there shall Preparato- 

y 1 T 1 1 • • • 1 1 TT • • • • ^^'■J' school 

be established, m connection with the University, an institute in connec- 

. . . . 1 • tion with 

combining the instruction usually given in academies and to the college. 
lower classes in colleges, and by the same authority there may be 
a reduction of the number of years usually spent in colleges j)rior 
to graduation. University schools for professional education, 
including the application of science to the industrial arts as well 
as to the more abstruse and recondite sciences, and especially for 
the promotion of medical and legal education, not omitting the 
application of chemistry to agriculture, and mathematics to civil 
engineering. 

§ 1214. There is reserved and set apart for the University campus 

, . . , . p , f, grounds not 

campus, not subiect to alienation, thirty-seven acres of the tract of subject to 

■^ ' ^ . . ^ alienation, 

land donated to the University by the late Governor John Milledge. 

§ 1215. The permanent income of said University from its bank Tiieperma- 
stock shall not be less than ei2;ht thousand dollars annually, and not less than 

SS 000, 

when the dividends from the bank shall not be equal to said sum, 
the Governor is required to make up the deficiency semi-annually 
by his warrant on the State Treasurer for its payment out of any 
money not otherwise appropriated. 

§ 1216. The various acts of the General Assembly relative to 



236 



PT. 1.— TIT. 1-2.— Education. 



Chapter 2. — Georgia j^lilitar}- Institute. 



Actsinivia- said Universitv, in force at the time of the adoption of this Code 

tion to rni- i i • • • 

versity. not it not omhraccd herein, and not inconsistent with what is s< 

repojvK'd by 

this Code, embraced, are still of force. 

still in forco. ' 



5 

SO 



CHAPTER II. 

GEOllGIA MILITARY INSTITUTE. 



Section'. 

1217. Superintendent — appointment, etc. 
121S. His rank in the volunteer force. 

1219. Absence — liow supplied. 

1220. Military storekeeper at Institute. 

1221. May be allowed extra paj' — when. 

1222. In the distribution of arms, etc. 

1223. Inspectors — appointment and duty. 
1221. Visitors — appointment, etc. 

1225. Persons disqualified to act. 

1226. State cadets— how appointed. 

1227. How selected — vacancies, etc. 

1228. Transferred to pay list — when. 



Section. 

1229. Shall teach two years— when. 

1230. Quorum of Inspectors may act. 

1231. Reasonable expenses allowed. 

1232. Shall appoint Sec'y and Treasurer. 

1233. Treasurer must report. 

1234. Inspectors report to the Governor. 

1235. Officers, etc.— ineligibility of. 

1236. Rules, etc. 

1237. Suits for or against the Institute. 

1238. Expenses of State cadets. 

1239. Salary of the Superintendent. 
12-10. Officers resigning without notice. 



§ 1217. The commanding officer of said Institute is styled the 

^g^^"]'^^!!! Superintendent ; he is chosen bj the Board of Inspectors, and 

anrierm^of holds his officc at their will and pleasure. He may appoint all 

^^^' his subordinate military officers, subject to the approval of said 

Board. 

§ 1218. By virtue of his office, he is entitled to rank in the 
His rank, yoluntecr force of the State as major, and to command the volun- 

commission, ^ ' 

®'^- teer battalion of which his cadets form a part, and shall be com- 

missioned by the Grovernor accordingly. 

§ 1219. In the absence of the Superintendent from parade, or 
Absence of other times, his iunior officers of the Institute take his place 

bupennten- . 

<ient. according to rank. 

§ 1220. The Superintendent is, by virtue of his office, also 
Military military storekeeper of the public arms and accouterments at the 

storekeeper . . 

attheinsti- Institute, with power to appoint a subordinate, for whose conduct 
he shall be responsible. His powers and duties are the same as 
other military storekeepers, but he receives no salary except for the 
safe keeping of a quantity of arms largely more than necessary 
for the institution. 

§ 1221. Should the Governor place a large quantity of the public 
May be ai- arms in his keeping, he may allow him just compensation, not to 
pay— when, cxcccd the Salary of other military storekeepers. 



PT. 1.— TIT. 12.— EDUCATION. 25^7 



Cliaptcr 2.— Georgia Military Institute. 



§ 1222. In the distribution of tlic public arms, or auy portion o^ Jnduuiuu 
them, the Military Institute must be first supplied according to it^s Jj"^«tif-^'^^te 
necessities. ^^''^^'^ 

S 1223. The affairs of the Institute shall be under the control of liortM of 

j!!-i[»<;ctor» 

a Board of ten Inspectors, to be appointed by the Governor, of -ti..,-irap- 
which the Governor shall be ex officio President ; the Board may ^^^^'i <^aty. 
elect a President pro tern, to officiate in the Governor's absence. 
Three of the Inspectors shall be a quorum. It is the duty of said 
Board to organize such departments for staff duty as may be neces- 
sary to establish the rank and grade of all officers of the Institute ; 
to appoint the State cadets ; to fill vacancies in the academic staff, 
and to make and ordain all regulations for the government of the 
Institute ; to cause to be kept a strict account of all moneys received 
and paid out on account of said Institute, and report the same to 
his Excellency the Governor at the end of each session, together 
with the proper vouchers for the same ; all of which, together with 
the report of the Superintendent, shall be by him laid before the 
General Assembly at the regular session thereof in each and every 
year. 

§1224. A Poard of Visitors to the Institute shall be annually Bora-dof 
appointed by the Governor, as many as he may deem conducive to pSnSeS, 

etc. 

the interest of the Institute, not exceeding seven, who shall meet 
annually at the institution on such day and for such purpose as 
may be designated in the regulations. They shall report to the 
Governor such matters as they may deem advisable touching said 
institution. 

§1225. No cadet who has been dismissed or expelled, or has Persons dis- 

T TP IX- ini 1 r» -r»T qualified as 

cieserted irom the institute, shall be a member oi any Board con- members of 

•1 f» 1 • • eitherBoard. 

nected therewith, nor any other cadet, until after the expiration of 
three years from the date of his leaving the institution, except as 
an instructor. 

§ 1226. The Board of Inspectors shall appoint, by warrant, one state cadets 
cadet from each of the Congressional Districts of the State, and pointed, 
two from the State at large. They shall not be under fourteen or 
over twenty-five years of age, and must be of insufficient pecuniary 
means to maintain and educate themselves at the institution. 

§ 1227. They shall be taken in turn, from each County in the How select- 
District, until every County has furnished one, before any County cies— how 
shall send another ; vacancies shall be supplied from a different 
County than that from which the regular appointment came. If 



23S PT. l.-^TIT. 12.— Education. 

Chapter 3. — Georgia Military Institute. 



any of the Districts shall fail to offer one applicant, or from rea- 
sonable objections there shall be no appointment from a District, 
the board, after giving due notice of such deficiency, shall fill the 
vacancy from applicants already before them. The Board of Ed- 
ucation in each County may select and recommend one applicant 
from their several Counties. 

§ 1228. If it should be ascertained, or should happen, that a 
viets niaV be State cadct, after his appointment, has sufficient pecuniary ability 
to'tho list'of to defray his expenses, he shall be transferred to the list of pay 
Wiien! ^ cadets, and the vacancy shall be filled by another appointment. 

§ 1229. Every State cadet shall sign a written pledge of honor 

Must teach to act in the capacity of teacher in one of the schools of this 

ter Viuiiia- State, after leavins; the Institute, for a teru^i of two years, unless 

tins, if not . ® . , 

excused. excused for sufficient cause by the Board of Inspectors, receiving 
such compensation therefor as may be agreed on between himself 
and the authority of the school. 

§ 1230. A quorum of said Board of Inspectors are competent 
A quornm to the transaction of all business, except making or changino; the 

of said board , ^ ^ . ^ . . ^ ,^ mi • 

may act; vulcs auQ regulations, when a majority must be present. Iheir 
when held; meetino;s shall be held at the Institute as often as may be neces- 

Tacancies — "-* _ _ *^ 

how tilled, sary. Vacancies in the Board of Inspectors must be reported to 
the Governor, who shall fill the same. 

§ 1281. All reasonable expenses incurred by the members of 
Expenses— botli of Said Boards, in the discharsje of their duties, shall be al- 

how paid. ^ 

lowed them by the Governor, and paid by his warrant on the 
Treasury, out of any money not otherwise appropriated, but there 
shall be no salary, or i^er diem compensation. 

§ 1232. The Board of Inspectors shall appoint a Secretary and 
Secretary Treasurer of said Institute and fix his compensation. He must 

and ireasur- ^ *■ 

er— api.oint- give a boud and security in the sum of five thousand dollars, to 

ment, etc. o ./ ' 

be approved by said board, a copy of which shall be sent to the 
Governor and filed in the Executive Office. 

§ 1233. Such officer shall quarterly render to the Superinten- 
Treasirrer dcftt, and oftcnor if hc rcquircs it, a full statement of his receipts 
quarterly, and disbursements, which shall be reported to the Board of In- 
spectors annually, or oftener if required by them. 

§ 1234. Said Board shall annually, and up to the first day in 
Inspectors Octobcr, mako to the Governor a written report of all the affairs 

nnnHt report „,... ,, , .ii ^ c ^ c\ 

to Governor. 01 the institution. Sending therewith the annual report oi the feu- 
perintendent, and shall propose such alterations or improvements 



VT. 1.— TIT. 12.— Education. 



239 



Cliaptcr 2. — Georgia Military Institute. 



as they may desire, which, together with the report of the Board 
of Visitors, shall be by the Governor laid before the General As- 
sembly, in connection with his annual message. 

§ 1235. An officer or professor of tlie Institute is ineliirible as incii^'ibiiity 

^ _ ^ ^ of odiccrs, 

one of the Board of Inspectors or Visitors ; neither can either one 
of said Board be chosen to either one of said positions. 

§1236. The rules and rco;ulations of the Board are subiect to Kuk«, etc., 

A of the Board. 

the call of the General Assembly. 

§ 1237. Suits for or ao;ainst the Institute must be in the name suits for or 

T • "in- ajrains*. the 

of the Board of Inspectors ; service on the Superintendent shall lusiuute. 
be sufficient. 

§ 1238. The sum of two thousand dollars is annually appropri- Expenses of 

•IX ix> 1 n T ^^^^ cariets 

ated to said Institute, to be used by the Board of Inspectors, in— how paid, 
consideration of which ten State cadets must be furnished board, 
tuition, washing, fuel, light, and medical treatment, free of charge, 
they providing their own room, furniture, clothing, etc., which sum 
is payable quarterly on the warrant of the Governor for that pur- 
pose. 

§ 1239. The salary of the Superintendent shall be paid by the 
State out of any money in the Treasury not otherwise appropri- '^^nt 
ated, at the close of each session, by the warrant of the Governor 
drawn on the Treasurer for that purpose. 

§ 1240. No professor, assistant professor, or the Superintendent 
of said Institute shall resign his office therein without giving the 
Board of Inspectors thirty days' notice of his intention so to do; 
and for a violation of the provisions of this Section, such officer so 
violating shall forfeit to said Institute one-fourth of his annual 
salary, to be retained on settlement. 



Salary of 
Superinten- 
-liow 



CHAPTER III. 

ACADEMY FOR THE BLIKD. 



Section. 

•1241. Location and organization. 

1242. A body corporate. 

1243. Power and duty of Trustees. 

1244. Pupils — who entitled, etc. 

1245. How appointed. 

1246. Number — how regulated. 

1247. Pay pupils — how received. 

1248. Treasurer must give bond. 



Section. 

1249. Trustees must report to Governor. 

1250. Visitors — appointment and duty. 

1251. Powers of— must report. 

1252. Vacancies— how tilled. 

1253. Statistics — how obtained. 

1254. List of indigent— by whom kept. 

1255. Former acts continued in force. 



140 FT. 1.— TIT. 12.— Education. 



Chapter 3. — Academ}' for the Blind. 



LfH'nti.>n, § 1241. An institution for the education of the blind is located 

otc.ofAcad- * ^. IP m ii • t 

emy f o r at Macou undci' the control oi seven Irustces already appointed. 

§ 1212. They are a body corporate, and have all the powers and 

Trustees a ^i^ties appertainino* to similar institutions of this State in their 

body corpo- *• ^ ^ 

rate. corporatc capacity as Trustees of the Academy for the Blind. 

§1213. The Trustees. have the power — 

1. To appoint such officers, teachers, and matrons as may be 
^^^^^^';^ ^f necessary — to prescribe their duties, fix their salaries, and to 

remove or discontinue them at pleasure. 

2. To prescribe the course of studies, establish the rates of 
tuition, and adjust the expenditures of the institution. 

3. To adopt such rules and regulations, not in conflict with law, 
as the interest of the Academy may require. 

§ 1244. All indigent blind persons, residents of this State, 
Whr>t pupils between the ao;es of seven and twenty-five years, shall be selected 

e u u c ;i t e a , "^ ^ «^ ' 

fected.''^^ ^^' ^J ^^® Trustees from the difi'erent Counties of this State, received 
into the Academy, and supported and educated gratuitously to the 
extent the funds will permit. 

§ 1245. When there are more applicants than can be accommo- 
Appiicants dated they shall be apportioned aroona:; the several Counties, 

— how ap- "^ / ^ , ° ' 

portioned, according to representive population. 

§ 1246. Unless the funds will otherwise permit, there shall 
Number of hereafter be but one india-ent pupil from the Counties applying, 

pupils regu- o i jl ^ i i ^ o/ 

lated by and in case there are not means enough to receive one from every 

fund son ^ •^ 

hand. Couuty applying, those shall be received first who first make 
application. A beneficiary shall not remain at the charge of the 
institution longer than four years. 
Pay pupils §1247. All others than the indigent are to be received upon 

ceirrdJ ^^' such tcrms as the Trustees may impose. 

Treasurer § 1248. The Trcasuror of the Board shall give bond and security 

wl *^^^^ ^^ ^^® s^^ of three thousand dollars. 



§ 1249. The Trustees must make annual reports to the Gover- 

Trusteos nor, as is required of the Board of Inspectors of the Military 

""ooveruor. Institutc, SO far as applicable to the aifairs of the Academy for the 

Blind, and the Governor mmst make a like disposition of them. 

§ 1250. The Governor shall appoint a Board of ten Visitors for 

Board of said Acadcmy, who shall meet the Board of Trustees at the 

v"isi tors 

Academy annually, at such time as the latter may designate. 
§1251. The powers and duties of said Visitors are the same as 
Pow.-rs find those appointed for the Military Institute, and the same disposi- 
itors. tion is to be made of their report. 



PT. 1.— TIT. 12.— Educatioi^. 



241 



Chapter 3. — Academy for the BUnd. 



§1252. The Trustees fill vacancies in their own body as do the vacancy in 

_ "^ Uouvd of 

Trustees of the Georgia University. When a vacancy occurs unaTraHtecar- 
is filled, it must be reported to the Governor. Their ineligibility v^^^'^- 
is likewise the same as of those last mentioned. 

8 1253. The Tax Receiver of each County must keep a column stati.mic.s of 

" v' 1 blirifl— how 

for, and receive the numbers of the blind between the ages of ''^^t&incd. 
seven and twenty-five, a statement of which shall be obtained 
annually by said Board of Trustees, from the Comptroller Gen- 
eral's office. Before the digest is sent by the Tax lleceiver to the 
Comptroller, the Ordinary of each County shall examine with 
such lleceiver his list of the blind, and correct, by memoranda 
thereto attached, any mistake. 

8 1254. The Ordinary shall also take down the names of such ^-^'^t of indi- 
as are indigent, and procure their admission into the Asylum, if 
possible, and if from any cause they are not received, he shall 
report to the Board of Trustees the names, ages, and sex of such, 
who shall keep a record of all such reports. 

§1255. Section 1216 (as to laws kept in force,) applies to the 
Asylum for the Blind. 



CHAPTER IV. 

ACADEMY FOR THE DEAF AND DUMB. 



Section. 

1256. Located at Cave Spring. 

1257. Trustees — how appointed, etc. 

1258. The Principal — how appointed. 

1259. Other officers — how appointed, etc. 

1260. Exclusive power, etc., of Principal. 



Section. 

1261. Visitors may be appointed. 

1262. Contracts — how made. 

1263. Vacancy— how filled. 

1264. Chap. 3 of this Title applies — when. 



5 1256. The Academy for the Education of the Deaf and Dumb ^ Academy 

, *' , for Deaf and 

is located at Cave Spring, and is under the management of three ^^^°^t>. 
Trustees. 

§ 1257. The Trustees need not reside in the County where the ^ff^f^^'^^^^ 
institution is located, but the Principal shall be required to reside 
in the institution. 

§ 1258. The Principal of said institution is elected bv said Board ^^"''^^p-?^t 

■•■ V now elected, 

of Trustees. He is responsible to them, and his acts subject to their Jes'^onfibS" 
veto. 

16 



242 PT. 1.— TIT. 12.— Education. 

Chapter 4. — Academy for the Bhud. 

§ 1259. Said Principal has authority to nominate all his subor- | 
suboniinate dinato officei'S and employees, subject to the approval of the Board. ■ 
uhuioii^ etc. Hq shall make all regulations of internal police ; shall authorize 
all purchases of ordinary ^ supplies, and examine and certify to the 
correctness of bills of such supplies before paid by the Treasurer. 
§ 1260. He shall be the sole medium of communication between 
Exclusive x]^q Board and the subordinate officers and employees of the in- 
^^[^•^1 j^'^stitution, and shall have the exclusive direction and control of the 
system of religious and intellectual instruction. 

§ 1261. The Governor may, in his discretion, appoint a Board 
Board of of Yisitors, to consist of such a number as he thinks best, and 
when appointed, their rights and duties are the same as those of 
the Visitors of the Academy of the Blind. 

§ 1262. No contract of said Board of Trustees shall be valid un- 
contracts— less it is first recorded by the Secretary in a book kept for that 

how made "^ , "^ ^ 

valid. purpose, signed by the President and countersigned by said Sec- 
retary. 

§ 1263. When a vacancy occurs in said Board, the Secretary or 
in BoardS any mcmbcr shall notify the Governor within twenty days, and 
how fiUeZ the vacancy must be filled within thirty days from said notice. 

§ 1264. All the provisions of the preceding Chapter not in con- 
oFTevious ^^^^ ^^^^^ *^® preceding Sections of this Chapter apply to the Acad- 
^ucabfe'^^ cmy for the Deaf and Dumb, to its Board of Trustees and Visit- 
ors, its officers, and other officers of the State or County upon 
whom any duty is enjoined — the words deaf and dumb being sub- 
stituted whenever the words "the blind " occur. 



CHAPTER V. 

COUNTY ACADEMIES. 



Section. 

1265. Trustees of County Academy. 
12G6. Vacancies— how filled. 



Section. 

1267. Authority of Trustees. 

1268. Liability of holder of funds. 



§ 1265. When it is not otherwise provided for, the Justices of 
Trustees the Inferior Court of the several Counties have the power to ap- 
Academies poiut Trustccs for any County Academy, whether incorporated or 
pointed, not, and to any number they may deem expedient. 



PT. 1.— TIT. 12.— Education. 



248 



Chapter 5. — County Academies. 



§1266. When vacancies occur, and provision is not made as to vacancieft— 

. . . \ '^ .how fille<L 

the manner in which said vacancies are to be fdled, such Justices 
have power to fill the same in their respective Counties. 

§1267. The authority of said Trustees, unless specially re- Authority of 
stricted, is to elect their teachers, fix their salaries and terms of 
office, prescribe the course of studies, manage the finances, adopt 
all such rules and regulations for the government of their respect- 
ive institutions, as they may think prudent, if not in conflict vfith 
the laws. 

§ 1268. Any person holding Academy funds and failing to pay Liability 
over when bound, is liable to twenty per cent, interest from time of Academy 
of demand, and to be proceeded against by the Justices of the In- 
ferior Court as against holders of County funds. 



CHAPTER VI. 

COMMON SCHOOLS AND EDUCATION OF THE POOR. 



Article 1. — -Educational Fund of the State — lioio made wp. 
Article 2. — Educational Fund — hoio paid out hy the State. 
Article S.—^Educatio7ial Fund of the Counties — how made up. 
Article 4. — -Educational Fund of Counties — hy whom managed. 
Article 5. — The Beneficiaries of the Educational Fund. 



ARTICLE I. 



the educational fund op the STATE -how MADE UP. 



Section. 

1269. From dividends on bank stock. 

1270. Proceeds of W. & A. R. R. 

1271. Balances in the Treasury. 



Section. 

1272. From donations. 

1273. Such donations — how managed. 

1274. Earnings of W. & A. R. R.^etc. 



§ 1269. The Educational Fund of the State is made up — Educational 

1. Of the dividends upon the capital stock of the State in the divkiends'lS 

Bank of the State of Georgia, the Bank of Augusta, and the ^ °^ " 

Georgia Railroad and Banking Company. 

§ 1270. From the net earnings of the Western and Atlantic From the 

Railroad, to be managed and disposed of as follows : 



net earniniTs 
of W. i- A. 
Railroad. 



-2U FT. 1.— TIT. li!.— CHAP. 6.— EducatiojS\ 



Article 1. — The Educational Fund of the State — ^liow made up. 



1. One liundrcd thousnnd dollars of said net earnino^s stand an- 
nnallv appropriated for such purpose, and all to remain with the 
State Treasurer until the Grovernor draws his warrant for the 
same, or any part thereof. 

2. In addition to said sum of money the whole of the net earn- 
ings of said road is set apart as an Educational Fund, to take effect 
in the following manner : 

As any portion of the present public debt is paid under the ex- 
isting law from said earnings, the Treasurer shall issue scrip or 
education bonds certifying the amount, and that it is entitled to 
draw interest thereon from the Treasury at the rate of six per 
cent, per annum. 

3. For any balance of said one hundred thousand dollars, that 
may not be drawn from the Treasury at the close of each educa- 
tional year, the Treasurer shall issue a like certificate for said 
amount. 

4. Said script shall be in favor of the Secretary of State, as 
Trustee of the Educational Fund, which, together with the script 
for bank stock, shall remain on deposit in the Treasury to the cre- 
dit of the Educational Fund. The Treasurer shall issue to said 
Secretary, from time to time, certificates of said deposits. 

5. Any amount of money that may at the time this Code goes 
into effect be loaned out, or on deposit under the Act of December 
11th, 1858, shall be returned to the Treasury, and appropriated to 
taking up that amount of the public debt under the provisions of 
this Section. 

6. The Educational Fund thus raised shall be subject to appro- 
priation by the General Assembly to any educational purpose in 
this State. 

§ 1271, From any balance that may be in the State Treasury 
Balances in at the time of distributing the Educational Fund, over and above 

theTreasury ^ (- t a n 

the expenses, ordinary and extraordinary, of the State Govern- 
ment for tlie then political year. If said balance is not drawn 
out, scrip for it is to be issued and used as set forth in preceding 
paragraph. 

§ 1272. From any money donated by will, deed, or otherwise, for 

Donations. SUCh purpOSC. 

§ 1273. In the case named in the preceding Section, it is the 
fJ^'^E^ duty of the Governor- 
manager'^ 1. Upon a tender of the sum so given or bequeathed in cash, to 



PT. 1.— TIT. 12.— CHAP. 6.— -Education. 



245 



Article 2. — The Educational Fund — how paid otit by the Htat^.'. 

have the same deposited in the State Treasury, and the State shall 
thereby become pledged for the payment of said sum according to 
the terms of th{3 donation, and if thereby the interest alone is to 
be used, said interest shall be paid at the rate of six per cent, per 
annum. 

2. To issue scrip or educational bonds therefor, to the person 
named as Trustee, and if none is named, then to the State's Trus- 
tee of the Educational Fund. 

3. The interest to be payable in the same manner, and the fund 
to be managed as said Educational Fund, unless a different mode 
is prescribed by the donor ; then according to said mode, if possi- 
ble to be done. In no case, under the above provision, shall the 
State be liable to refund the principal thus paid into the Treasury. 

S 1274. The appropriations of the net earninors of the State Eaminss of 
Eoad and of the balances in the Treasury, may be discontinued may Ve^'di- 
by the State, in whole or in part, by act of the General Assembly. 



ARTICLE II. 

THE EDUCATIONAL FUND-HOW PAID OUT BY THE STATE. 



Sectiok. 

1275. A list of children, etc, 

1276. Funds — ^how appropriated. 

1277. Warrant for School Fund. 



Section. 

1278. County failing to make returns. 

1279. Penalty for false return. 



§1275. The Ordinary of each County shall annually, by the ListofcMi- 
third Monday in November, report to the Governor, under his organized. 
hand and, seal the whole number of children in his County, as as- 
certained from the Tax Receiver's digest, his own knowledge, and 
the knowledge of the Grand Jury, as hereinafter set forth. 

§ 1276. As soon as that is done, the Governor shall, on that Fuads-how 
day, make an estimate of the amount of the Educational Fund in ' 
the Treasury, and of the number of children in each County, and 
make a fro rata division of the same among the different Coun- 
ties, according to the number reported from each. 

8 1277. For the amount each County is entitled to he shall draw warrantfor 

^ ^ School Fund. 

his warrant on the Treasury in favor of the several Ordinaries for 
their respective amounts. The Treasurer shall pay the same to 
each Ordinary, or his order, taking a receipt for the same. If the 
Ordinary is not Treasurer of the Board of Education, the war- 



240 



TT. 1.— TIT. 12.— CHAP. 6.— Education. 



Article 3. — The Educational Fund of the Counties — how made up. 



rant must be in favor of said Treasurer, and the Ordinary, in Hs 

report, must certify "who is such Treasurer. 

Fund lost § 12TS. If any County neglects to present a proper return to 

make rouiru the Govcrnor by the time prescribed it loses its share in the fund. 

§ 1270. If any Ordinary certifies to the Governor a greater 

Penalty for number of children than he is authorized to, he is £!;uilty of mal~ 

excessiye re- • • rv? i ^ • t ^ i • r. r» -i 

turn. practice m omce, and may be indicted ; and, n found guilty, may 

be fined and imprisoned in the discretion of the Court. 



ARTICLE III. 



THE EDUCATIONAL FUND OF THE COUNTIES-HOW MADE UP. 



Section. 

1280. School Fund of the County. 

1281. Tax for education — how levied. 

1282. When Grand Jury fail, etc. 



Section. 

1283. Wants of County to be regarded. 

1284. School Fund— to whom paid. 



§1280, The Educational Fund of the respective Counties of 
School Fund this State is made up of — 

—how made 1. The share of the State Fund which may be distributed to 
each. 

2. The amount raised by taxation for such purpose. 

3. The money arising from the sale of any escheated property. 

4. The money arising from fines and forfeitures over and above 
the charges upon it, and from the result of qui-tam actions, where 
the whole or one-half goes to the State or County, and is, by spe- 
cial enactment, directed to be paid to the Educational Fund. 

§1281. The Justices of the Inferior Court of the several Coun- 
Taxforedu- tics have authority, upon the recommendation of the Grand Jury, 
levied, to Icvy a tax upon the State tax, for educational purposes, of 
such per cent, as said Jury may recommend. 

§ 1282. If the Grand Jury, at the time they must recommend 
Tax— how the general County tax, fail to take any action in reference to 

levied when <-* v •/ 

Grand Jury such tax, or if different Grand Juries of the same term differ- 

fails to re- 
commend, ently recommend, said Justices may, in their discretion, levy a 

tax for such purpose, not to exceed twenty-five per cent, upon 

the State tax. If such Grand Juries recommend a different per 

cent, said Justices may levy the medium between the two extremes. 

§ 1283. When the levy of said tax is entirely in the discretion 

count^ %e- of Said Justiccs, they shall consult the other members of the 



PT. 1.— TIT. 12.— CHAP. 6.— Education. 



247 



Article 4. — The Educational Fund of Counties — by whom managed. 
Board of Education, to ascertain the wants of the County before gardedinie- 

•' vying tax. 

doing so. 

§1284. All moneys from all said sources are to be paid, when scLooiFand 

. _ — to whom 

collected by the proper officers, to the Ordinary, if Treasurer of paid. 
the School Fund of the County — if not, to said Treasurer. 



ARTICLE IV. 

THE EDUCATIONAL FUND OF COUNTIES -BY WHOM MANAGED. 



Section. 

1285. For each County, etc. 

1286. Board of Education— their duty. 

1287. Price of tuition. 

1288. Course of study prescribed. 

1289. Teachers must be examined. 

1290. How paid. 

1291. Previous accounts may be paid. 

1292. Teachers' accounts — how made out. 



Section. 

1293. Com. schools maybe established. 

1294. Board failing to devise a plan. 

1295. Ordinary must give bond as Treas. 

1296. Additional bond may be required. 

1297. Treasurer failing to pay, etc. 

1298. Secretary of Board — who shall be. 

1299. Ordinary must report to Governor. 



8 1285. The Educational Fund of each County is under the Board of 

.... Education — 

muna2:ement of a Board of Education, which Board is to consist how organ- 

^ ^ ^ ' ^ ized. 

of the Justices of the Inferior Court, the Ordinary, and some other 
qualified citizen, to be selected by the Judge of the Superior 
Court presiding in said County. The person so selected holds 
the position for the term of four years, unless a vacancy occurs 
from any cause. The appointment and the filling of any vacancy 
by the said Judge shall be entered on the minutes of the Superior 
Court. The person appointed to fill a vacancy shall hold for a 
full term. 

§ 1286. It is the duty of said Board — 

1. To disburse the school fund for their respective Counties g^^^^^^^J"^! 
in the manner that in their judgment will best promote the cause Education. 
of general education under the law. 

2. To act by themselves, or a committee, as a Board of Exam- 
iners, and examine all teachers who participate in the school 
funds upon the elementary branches, and also upon English 
grammar and geography, if the teacher applying shall desire, and 
to give said teachers the proper certificates of their qualification. 

3. To publish annually the school system they may adopt, 
including the rates of tuition, in the public gazette where their 
respective Sherifi*s publish their sales, together with their receipts- 
from difi"erent sources and the items of expenditure. 



24S FT. 1.— TIT. 12.— CHAP. G.— Education. 



Article 4. — The Educational Fuud of Counties — by -whom managed. 



4. To meet once a month at the Court House, on the day 
the Court of Ordinary is held, and as often as may be necessary 
when called by either member of the Board. 

§ 1287. [The Board of Education are authorized to allow the 
Price of toachcrs of children entitled to the benefit of the poor school 
fund, the same p^'?* diem pay for teaching said children as is 
charged by the same teachers for other children pursuing similar 
branches of study; j^^'ovided, said charge shall not exceed sixteen 
cents per day.] (a) 

§1288. By the term elementary branches is meant spelling, 

What reading, writing, and arithmetic; but children entitled to the 

n fie in ry benefit of the school fund may study Enailish grammar and 

may study. n . -, / 1 - . i 1 

geography, or any other study, provided the tuition does not then, 
nor in any other contingency, exceed the rates of sixteen cents 
per day. Under said permission, such children who may be well 
educated in said branches mentioned, may, by special permission 
of the Board, study exclusively, at the same rates of tuition, higher 
branches of utility with any teacher competent to instruct them. 
§ 1289. A teacher claiming pay out of the school fund shall 
Certificate to not be entitled thereto for any teachinsi; done prior to his exami- 

teachers. . ... 

nation before the Board of Education. When a majority of the 
Board know of the competency of a teacher, they may give him 
the certificate without examination. Teachers shall be examined 
or receive the certificate whenever they apply. 

§1290. Teachers must be paid quarterly by the Treasurer, 
Teaciicrs— wlicu their accouuts are passed by the Board, provided there are 
funds ; if insufficient funds, then all of equal dignity are to be paid 
pro rata. If at the close of the year the school fund is not suffi- 
cient to pay all the teachers' accountSj duly passed, said accounts 
must be first paid out of the funds raised for the next year. The 
rates of tuition should be so fixed by the Board of Education as 
to give all the children the benefit of the fund annually who 
have the right of participation. Teachers who do not have their 
accounts passed on by the first of January, annually, are post- 
poned in their payment until the next year unless there is a sur- 
plus fund. All teachers' accounts for the year, and passed in the 
year, are of equal dignity without regard to the time when the 
teaching was done. 

(a) Acts of 1863-4, p. 24. 



PT. 1.— TIT. 12.— CHAP. 6.— Education. 249 



Article 4.— The Educational Fund oC Ojimtiof^— by whom managed. 



8 1201. Whenever the state of the funds will warrant it, persons , Awonntu 

" ' ^ for prr;vioij» 

who have in good faith taught poor children, prior to twenty- ^'.^I'^l'^^^J^^ 
first December, 1859, and have not been paid, shall have their 
accounts passed by the Board of Education, and shall rank as of 
the year when so passed, but in no otlier case shall a teacher be 
paid who has not the proper certificate. Two-thirds of the Board 
of Education may, however, order an account paid when the neg- 
lect to return is satisfactorily explained. The Legislature shall 
not interfere in such cases. Children who reside in one County Tuition to 
and go to school in another are to be paid for out of the fund of Ojunty iJ 
the County of their residence; provided, the teacher claiming the roiides. ' 
pay has a certificate from the Board of Education of the County 
where he teaches. 

8 1292. All teachers' accounts shall state the number of days Toachers'ac- 

" _ "^ counts— how 

each child was taught, the studies pursued, and the rate of^^'^^eout. 
tuition claimed, which shall be sworn to. 

§ 1293. When the Educational Fund of a County and the state common 

n ^ 1. .-,-1 • 1 rt if-nT • r* i schools may 

01 the population will warrant it, the Board oi Education oi each be establish- 
ed — when. 

County have authority to establish a common school, or schools, 
to name and limit the number of scholars, and fix the salary of 
teachers ; provided, all the children of the County entitled to 
share the Educational Fund are provided for, or there are means 
reserved for that purpose. 

§1294, If the Board of Education fail to devise any plan of what laws 

eovern in 

education, the laAvs of force prior to December 13th, 1859, are absence of 

plan. 

continued in force. 

81295. If the Ordinary of any County shall fail to ffive the Ordinary 

o J ,/ i/ o mnst give 

bond required of him as Treasurer of the Board of Education, gcho°oiTreas- 
said Board has power to select some other responsible person to ^^''^' 
act as such, who shall give the requisite bond and security. 

§ 1296. The Board may require of the Treasurer of the School Additional 
Fund an additional bond, on the terms required by the Justices of reiiuired: 
the Inferior Courts of other officers. 

§ 1297. If Such Treasurer shall fail to pay out any School Proceeding 

" ^ 1 ./ ^ »/ flirainst the 

Fund, as required by law, on knowledge of such failure coming to J-f^^j^^'J^^^^'^ 
the Board, they shall issue a rule nisi against him, requiring him 
to appear before them within ten days, to show cause for such 
failure, and upon failing to show good cause, the Board shall order 
the Clerk of the Inferior Court to issue execution against him and 
his sureties : said execution shall be directed to all and sino-ular 



250 PT. 1.— TIT. 12.— CHAP. 6.— Education. 



Article 5. — The Beneficiaries of the Educational Fund. 



the Sheriffs of the State, and shall have the form and effect of a 
tdxfi.fa. issued by the Justices of the Inferior Court, and said^. 
fa. shall claim twenty per cent, per annum interest f^'om time of 
default. 

§ 1298. The Clerk of the Inferior Court shall be Secretary of 
Secretary the Board of Education in the absence of the Ordinary or his 

of Board of ^, , , . , . . , 

Educ^ition. Clerk, or when either is interested. 

§1299. The Ordinary shall furnish the Governor any informa- 
ordinary tiou hc may dcsirc touching the plan of education in the County, 
to Governor, and the number of children pursuing different studies, and shall 
annually, at the close of the educational year, report to the Gov- 
ernor what balance, if any, there is of the Educational Fund, and 
what amount was raised by the County from other sources than 
the State. 



ARTICLE V. 

THE BENEFICIARIES OF THE EDUCATIONAL FUND. 

Sectiox. I Section. 

1300. Persons entitled to School Fund. 1302. List may be corrected. 

1301. How ascertained, and by whom. | 

§ 1300. All children between the ages of six and eighteen years, 

Who enti- within their respective Counties, are entitled to the benefits of 

fund. said fund, under the system that may be adopted by the respective 

Boards of Education ; but children of parents who are unable to 

educate them, children discarded by their parents, and indigent 

orphan children, must first be provided for. 

§ 1301. Such last mentioned children shall be ascertained as 

Poor chil- follows I 

ascertained. 1. The Reccivcr of Tax Returns of each County shall require of 
each tax payer, when giving his tax returns, to state, under oath, 
the number of his children and children under his care between 
the ages of six and eighteen years. 

2. As soon as the digest is compiled, the Ordinary shall select 
from the whole number the names of those who, from the poverty 
of their parents or otherwise, have not the means of being edu- 
cated, and shall add thereto such as are in the same condition 
within his knowledge who have not been returned. 

3. The list returned by the Tax Receiver, together with the 



I 



PT. 1.— TIT. 12.~CIIAP. G.— Education. 251 

Article 5.— Tlie Beneficiaries of the Educiitional Fund. 

Ordinary's selection therefrom, .shall be reported to any panel of 
Grand Jurors at the first Court held thereafter, and said Grand 
Jury shall examine said list, and ratify the Ordinary's selection in 
whole, or correct it, according to their best judgment, and may 
also add to the lists such as they know have not been returned to 
them. 

4. If the Grand Jury, at said term, fail to take definite action, 
the list of the Ordinary shall stand. 

5. When the list is finally made up it shall be returned to the 
Board of Education, and be entered on the proper book by the 
Ordinary. 

6. Any person may, from time to time, report to said Board 
the names of any poor children not already reported, which, by 
order thereof, shall be added to the list. 

§1302. If the Board is satisfied by proof that any children are List may bo 

corrected. 

on the list who are not entitled to be there, they have power to 
have them erased at any time, and to inform any teacher or other 
person interested in their action ; provided, the system of educa- 
tion they may have adopted renders it necessary. 



TITLE II IL 

ELECTIONS BY THE PEOPLE. 



CHAPTER I. 

QUALIFICATION OF VOTERS. 



Section. 

1303. Who may vote for legislators. 

1304. Voters for other officers. 

1305. When one may vote out of County. 



Section. 

1306. Oath of voter out of his County. 

1307. Additional oath may be required. 

1308. Transferred voters. 



§ 1303. The qualification of voters for members of the General Quaimcs- 

tion of vo- 

Assembly is contained in the followins; oath, which must be taken tersformem- 
•^ . ^^^s oi Leg- 

when the managers of an election require it : isiature. 

[" I swear that I have attained to the age of twenty-one years ; Voter's oatt. 

that I am a citizen of the United States, and have resided for the 

last two years in this State, and for the last six months in this 



252 PT. 1. — TIT. 13. — Elections by the People. 



Chapter 1. — Qualification of Voters. 



County, and have considered and claimed it as mj liome, and have 
paid all legal taxes ^yhicli have been required of me and which I 
have had an opportunity of paying, agreeable to law, for the year 
preceding this election. So help me God."] (a) 

§ 1304. Persons qualified to vote for members of the General 
Such dec- Assemblv, and none others, are qualij&ed to vote for any other offi- 

tors may , *; ' _ . ^ , . . ♦^ 

^?^ ^*^*' '^^ cers, civil or military, unless said privilege be enlarged or re- 
^'■s- stricted by the Constitution or some special enactment. 

§ 1305. Any qualified voter for members of the General Assem- 

TVhen eioc- bly may vote for any candidate, or upon any question which is 

vote in any Submitted to all the voters of the State, in any County of the 

part of tho , 7 ./ ./ 

state,circait State, and for any candidate or question which is submitted to all' 

or District. ' ^^ _ ^ ■•■ ^ 

the voters of any District or Circuit, in any County of the Circuit, 

or District, in which is embraced the County of the voter's residence. 

1306. [A voter coming under the preceding Section shall take 

Oath of vo- the foUowins; oath, when required by the managers of an election : 

ters under o 7 1 ./ o 

last section. ''J swcar that I have attained to the age of twenty-one years; 
that I am a citizen of the United States, and have resided for the 
last two years in this State, and for the last six months in this 
District or Circuit (as the case may be), and have considered and 
claimed it as my home, and have paid all legal taxes which have 
been required of me, and which I have had an opportunity of pay- 
ing agreeable to law, for the year preceding this election. So help 
me God."] (a) 

§ 1307. The superintendents may, in their discretion, or if de- 
superin- maudcd by a qualified voter, compel a person offering to vote to 

ten dents, , ,. , 

may require aiso take tliis oath : 

an addition- ^ ,^. . , ^ - I'lii 

aioatiideny- "i swcar that 1 havc not this day voted at any election held at 
vo'ted before', any placc in this State for any of the candidates, nor for any 
other person for any of the offices to be filled. So help me God." 
§ 1308. Vv^hen any County, or portion of a County, is changed 
Voters trans- from ouc Couuty, or oiiQ District, or one Circuit to another, the 
one District, pcrsous who would havo bccn qualified to vote for members of the 

County ^^ ^ lA 1 T • 1 r^ -r\ rn n t • t 

Circuit to General Assembly m the County, District, or Circuit from which 

another to . '^ j 7 7 

vote in lat- takcu, at the time of any election, shall vote in the County, Dis- 

ter District, ... . . 

^^' trict, or Circuit, to which they are removed, and if required to 

swear, the oath may be so qualified as to contain this fact. This 
provision, when applicable, appertains also to military elections. 

(a) Acts 18G5-6, pp. 80-1. 



PT. 1. — TIT. 18.— Elections by the People. 



258 



Chapter 2. — Election for Members of the General Assembly. 



OH APT Ell 11. 

ELECTION FOR MEMBERS OF TUK GENERAL ASSEMBLY. 



Section. 

1309. Holders of elections for lofjlslators. 

1310. Oatli of svipcrintciulents. 

1311. Before whom taken. 

1312. Election precincts. 

1313. Time of holding elections. 

1314. When freeholders may superintend. 

1315. Elections — how conducted. 



Skotion. 

1310. Penalty af,'ainst superintendents. 
1317. Grand .Jury to exairiine lists. 
131.S. ]*]leetion blanks — how furnished. 

1319. Misconduct of manajfcrs. 

1320. Voters exempt from civil process. 

1321. Vacancies for Legislature. 

1322. Special elections — how conducted. 



Snperin- 
tendents to 
take oath. 



§ 1309. The persons qualified to hold such elections are Justices superin- 
of the Inferior Court, Justices of the Peace and freeholders, elections for 

mi 1 ^ ' 1 1 '11 members of 

There must be three superintendents, and one must either be a the Legisia- 

tllTG. 

Justice of the Inferior Court, or a Justice of the Peace, except in 
a certain contingency hereinafter to be set forth. 

1310. Before proceeding with the election, each superintendent 
must take and subscribe the following oath: 

''Ail and each of us do swear, that we will faithfully superin- 
tend this day's election ; that we are Justices of the Inferior 
Court, Justices of the Peace, or freeholders (as the case may be), 
of this County; that we will make a just and true return thereof, 
and not knowingly permit any one to vote unless we believe he is 
entitled to do so according to the laws of this State, nor know- 
ingly prohibit any one from voting who is so entitled by law, and 
will not divulge for whom any vote was cast, unless called on un- 
der the law to do so. So help me God." Said affidavit shall be 
signed by the superintendents in the capacity each acts in full, 
both as to name and station, and not by abbreviation. 

§ 1311. Said oath shall be taken before some officer qualified to oathofsu- 
administer an oath, if present, and if none such are on the spot, —before 

-. ,. •11 'loi • 1 whom taken, 

and acting at the time required, then said bupermtendents may 
swear each other, and the oath shall be of the same effect as if 
taken before a qualified officer. 

§1312. Such election shall be held at the Court Houses of the Places of 
respective Counties, and if no Court House, at some place within tion. 
the limits of the County site, and at the several election precincts 
thereof (if any) established or to be established. Said precincts But one pre- 

, . ,.•,..-,.. n ^ • cinct in any 

must not exceed one m each militia district, feuch precincts are miiitia dis- 
established, changed, or abolished by the Justices of the Inferior 
Court at a regular term of the Court — descriptions of which must changed, etc! 
be entered on their minutes at the time. 



254 PT. 1. — TIT. 13. — Elections by tub People. 

Chapter 3. — Election for Members of the General Assembly. 

g 1313. The day of holding the same is the first Wednesday in 
Elections Octobei', 18C1, and biennally thereafter, and the time of day for 

biennial — on ^ . . f, sii •»! 

what day:^- koepinii open the elections is from seven o clock A. M. to six o clock 

tlurins; \vh»t x o i 

jj^jjra^^o ^^ ^- ^^- ''^^ ^^^^ Court House, and from eight o'clock A. M. to [three] 
(a) o'clock r. M. at the precincts. 

§ 1314. If by ten o'clock A. M. on the day of tlie election, there 
Tiireofroo. ig no propor officcr present to hold the election, or there is one, 
suporiutemt a^j \iq refuscs, thrcc freeholders may superintend the election, and 

election. ' . . 

shall administer the oath required to each other, which shall be of 
the same eftect as if taken by a qualified ofiicer. 
Mannerof §1315. All Superintendents shall have such elections conducted 

conduotin«r . ,, « ,, 

elections.- in tiio lollowmg manner I 

bauou ^^" ^' -^^^® ^'^^^ ^^^^^^ ^® given by ballot. 

2. There shall be kept by the superintendents, or by three 
List ofvot- clerks under their appointment, three lists of the names of voters, 

ors and tally . i l ? ^ ^ 7 

sheets to be which sliall be numbered in the order of their votins;, and also 

kept. °' 

three tally sheets. 

3. As each ballot is received the number of the voter on the 
Numberof list shall bc marked on his ballot before beina; deposited in the 

voter. '^ ^ 

box. 

4. When any voter is challenged and sworn it shall .be so writ- 
lenged. toii opposite his name on the list, and also on his ballot. 

5. The superintendents may begin to count the votes at any 
to Koiui't- time in their discretion, but they shall not do so until the polls 
date^objects" ^rc closcd, if a Candidate in person, or by written authority, objects. 

6. When the votes are all counted out, there must be a certifi- 
certificate cato, signod by all of the superintendents, stating the number of 

tendeSr^" votos cacb per SOU voted for received ; and each list of voters and 
tally sheet must have placed thereon the signature of the super- 
intendents. 

7. The superintendents of the precincts must send their cer- 
ccrtificates, tificatcs, and all other papers of the election, including the bal- 

ctc.tobecar- ' ^ ^ . 

ric-d to the lots, uudor the seal, to the County site for consolidation, in charge 

County site. ' ^ ^ *^ ? o 

of one of their number, which must be delivered there by twelve 
o'clock M. of the next day. Such person is allowed two dollars, 
to be paid out of the County Treasury, for such service. 

8. The superintendents to consolidate the vote of the County, 
consotfdate must consist of all those who officiated at the County site, or a 
thWdut^ majority of them — at least one from each precinct. They shall 

(a) Acts of 1865-6, p. 24. 



PT. 1.— TIT. 13.~-Elections by the People. 255 



Chapter 2. — Election for Members of the General Assembly, 



make and subscribe two ccrtificatcSj stating the whole number of 
votes each person received in the County : one of them, together 
with one list of voters and one tally sheet from each place of hold- 
ing the election, shall be sealed up and without delay mailed to the 
Governor ; the other, with like accompaniments, shall be directed 
to the Clerk of the Superior Court of the County, and by him de- 
posited in his office. Each of said returns must contain copies of 
the original oaths taken by the superintendents at the Court 
House and precincts. 

9. The ballots shall not be examined by the superintendents or uaiiots not 
the bystanders, but shall be carefully sealed in a strong envelope ^^'^^^ °^ 
(the superintendents writing their names across the seal), and de- Tobedeiiv- 
livered to the Clerk of the Superior Court, by whom they shall ^"^ 
be kept unopened and unaltered for sixty days, if the next Supe- ^Jj^ ^^p^ 
rior Court sits in that time, if not, until after said term ; after 
which time, if there is not a contest begun about said election, the 
said ballots shall be destroyed without opening or examining the when de- 
same, or permitting others to do so. And if the Clerk shall vio- ^ ^^^^ ' 
late, or permit others to violate this Section, he and the person Penalty of 
violating shall be subject to be indicted and fined not less than one 

hundred, nor more than five hundred dollars. Such Clerks shall cierk to de- 
liver lists to 

deliver said list of voters to their respective Grand Juries on the G^and Jury 

■*■ _ ^ — penalty for 

first day of the next term of the Superior Court, and on failure failing. 
to do so, are liable to a fine of not less than one hundred dollars 
on being indicted and convicted thereof. 

§ 1316. If said superintendents do not deliver said lists and Penalty 
accompaniments to said clerks within three days from the day of enntendents 
the election they are liable to indictment, and on conviction, 
shall be fined not less than fifty, nor more than five hundred dollars. 
Any superintendent of an election failing to discharge any duty peJStendent 
required of him by law is liable to a like proceeding and penalty, duty/^ ^^^ 

§1317. The Grand Juries shall examine said lists, and if any Grand jury 
voter is found thereon who was not entitled to vote they shall liltsf^*^™^ 
present said illegal voter. If any person is suspected of voting Foreman 
for members of the General Assembly who was not entitled, but Se'baUot"^' 
was entitled to vote for some other candidate at the same election, 
the foreman of the Grand Jury may examine the ballot, and 
that one alone, and lay it before the Grand Jury and return it. menSSst 
If the superintendents fail to return, as required, the lists and ^^^i^^"''^^^*^' 
the ballots, they must be presented. 



2oi5 PT. 1. — TIT. 13. — Elections by the People. 



Chapter 3. — Election for Members of tlie General Assembly. 



§ 1318. The Governor shall furnish the several Clerks of the 

Blanks to Inferior Court all blank forms necessary for said elections, which 

byGovonwr they shall furnish the Justices of the Peace of their Counties at 

least ton days before election day, and on failure to do so, shall 

Penaitrforhe liable to a fine by their Courts not exceeding one hundred 

Clerk. dollars. 

§ 1319. If the superintendents or officers of such election shall 

Penalty ami make a fraudulent return thereof, or they or either of them, 

ca^osnperin- whilc SO officiating, sliall influence, or attempt to influence or per- 

make fraud- suadc any voter not to vote as he designed, or shall take any 

turns or in- unduc mcaus to obtain a vote, they shall forfeit for the offense one 

terfero with . 

voter. hundred dollars, to be recovered by information, and if the per- 

son be a Justice, he forfeits his office on proceedings for removal. 
§ 1320. 'No civil officer shall execute any writ, or civil process 
froTn**^ai?S upou the body of any person qualified to vote at such elections 
t'^^l^reuinTirll whilo golug to, or returning from, or during his stay there, on the 
rin^Li"^b?y day, uuder the penalty of five hundred dollars, to be recovered by 
tion. Penal- actiou. A rcasonablo and full time shall be allowed for the jour- 

tyon oQicer 

for arrest, ncy to and irom the polls. 

§ 1321. Elections to fill vacancies for members of the General 
Twenty Assemblv take place under the authority of a writ of election, 

days notice . . . 

of election to issucd bv the Govcmor to the Justices of the Inferior Court of 

fill vacancy «^ 

o7 Te^Sr ^^® County where the vacancy occurs, who must order and publish 
^^^^- a day for holding the same, by giving at least twenty days' notice. 

Elections §1322. All tlic provisions of this Chapter apply equally to 
cies, etc. ' elections to fill such vacancies and any other special election. 



CHAPTER III. 

ELECTION FOR GOVERNOR, MEMBERS OF CONGRESS, ELECTORS FOR PRES- 
IDENT AND VICE-PRESIDENT, JUDGES OF THE SUPERIOR COURTS, 
AND SOLICITORS GENERAL. 



Article 1. — Provisions applicable to all. 

Article 2. — For Governor^ 

Article 3. — For Members of Congress, 

Article 4. — Electors for President and Vice-President. 

Article 5. — Judges of Superior Courts and Solicitors General 



PT. 1.-— TIT. la.— (JIIAr. 8.— Ei.ixjTioNS by the People. 257 



Article 1.— Provisions applicablo to nil. 



AP.TICLE I. 

P p. V I S I N S A P P L I (J A 15 !i 1-] 'J' A L L 

SkCTION 132.'5. Such c]o(;tif)ri,s— how cornluctcd. 



§ 1323. The election for the officers headinor this Chapter are Particulars 

■^ " ^ in whi h el- 

poverncd by the same rule as elections for members of the General *'[;ti"riH for 

o J Governor, 

inc'[fiber3 of 
Con;(ro8S, 



Assembly in the following particulars : mc'mber3 or 



1. In the oaths to be taken by the voters. t"'l'foM>iT- 

2. In the class of persons to hold the elections and the oath y-ee'-Pn-si- 
to be taken by them. vernc-d"' ^hj 

3. In the places and the time of the day to hold them. ar^eiectlons^ 

4. In the manner of conducting and returning them, including Jf thirLtgis- 
all special elections, and in the duty of the Clerks of the Superior 
Courts and the Grand Juries. 

5. In the several penalties attached to the Superintendent or 
other persons. 

6. In the furnishing of blanks by the Governor. 

7. In all other respects where applicable, and there is not a con- 
trary provision by law. 



ARTICLE II. 

FOR GOVERNOR. 

Section. 1 Section. 

1324. Governor's election, etc. 1 1325. Return of vote for Governor, 

§ 1321. The Governor is elected biennially, at the same time Governor 
when members of the General Assembly are regularly elected, bieDniaiiy. 
and a vacancy in the office is to be filled as required by the Con- 
stitution and the regulations of this Code elsewhere in conformity ho^T miei 
thereto. 

§ 1325. At the election for Governor a third packao;e must be sepnmte 

■•■ "^ package 

made up containing a certificate of the Governor's vote alone, to- ^^'t^ certiii- 

••• ■=* '' eate ot vote 

gether with the other papers of the election, as in the case of J^'^fJ^i^^nt 
members of the General Assembly, which shall be directed by ^^' ^'^^^' ^*^- 
mail to "the President of the Senate and Speaker of the House 
of Representatives." 
17 



258 FT. 1. — TIT. 18. — CITAr. 8. — Elections by the People. 



Article ;>. — For ]Mcmbcrs of Congress. 



ARTICLE III. 

E R M E iAI B E II S E CONGRESS. 



Sectiox. 

132i>. Con?i"C??mcn — wlicn elected. 
l:V27. Elections for extra sessions. 
1328. Qualification of voters. 



Section. 

1329. Proclamation of result. 

1330. Election in case of a tie. 

1331. Commissions — when applied for. 



§ lo'lG. Members of the House of Representatives of the United 

Elections States Congress are elected at the same time and places that the 

of Congress. Govemor and members of the General Assembly are regularly 

elected, by the voters of their respective Congressional Districts. 

§1327. If an extra session of Congress should be called after 

Governor the cxpiration of the Congressional term, and before the next res;- 

must order ^ - - t r^ • • 

an election ^\^y time for holdiuff such elections, the Governor must issue his 

— when. ° ^ ' 

proclamation ordering an election of such Representatives for such 
extra session. 

§ 1328. Besides the qualifications required by the Constitution, 
Candidate a residence of one year next preceding the day of election in the 

must reside ... ^ -,. ,,.,.. 

one year in district whcro the Candidate otters is necessary to make him eliari- 

districttobe *' " 

eligible. \)\q to election. 

§ 1329. Within twenty days after the election the Governor 
Governor gball couut UD the votos, and immediately thereafter issue his proc- 

to count up •'• ' ^^ _ ^ 

votes, etc. lamatiou, declaring the person having the highest number of votes, 
and otherwise qualified, to be duly elected to represent this State 
in the House of Representatives of the United States, and for 
what period. 

§ 1330. If two or more persons, equally qualified, should have 
In case of ^he samc number of votes, the Governor shall issue his proclama- 

tle new ' ^ 



a 

e 
derc'i 



election or- ^ion, Ordering a new election, in not less than thirty days. 



§ 1331. If any person duly elected as aforesaid shall not, with- 

eiect^ ui'^a? '^^ thirty days after the Governor's proclamation, apply for his 

mfgfkln^Tn commissiou, the Governor shall order a new election, as prescribed 

thirty days, jj^ ^]^q preceding Section, and vacancies for any cause are filled in 

like manner. 



PT. 1.— TIT. 18.— CITAP. 3.— Elkctions by the People. 2r>9 



Article 4. — Electors for President and Vice-President. 



ARTICLE IV. 



ELECTORS roil PRESIDENT AND VICE-PRESIDENT. 



Srction. 

1332. Presidential Electors — when chosen 

1333. When and where to cast vote. 

1334. Vacancies— how filled. 

1335. Majority failing to meet. 



SfwnoN. 

l.'')3f>. Electoral college — how organized. 
V.y.il. McsHcnger to be choHon. 
1338, Pay of Electors and Secretary. 



§1332. On the first Monday in Kovember, 18G8, and every Dnyofei- 

^ .; ? > J ectiori for El- 

fourth year thereafter, until altered by act of Congress, there shall V'\"IL. ^l 

he an election for Electors of President and Vice-President of the ?,"''' .,^'?®' 

President. 

United States. 

§ 1333. On the twentieth day after said election shall have taken Governor 
place, it is the duty of the Governor to consolidate the several re- date returns 
turns and immediately notify those persons of their election who tii<= persons. 
have received a vote amounting to a majority, and to require their 
attendance at the Capitol on the first Monday in December there- 
after to cast the vote of the State on the Wednesday following at 
twelve o'clock M. 

§ 1334. In the event all, or a majority of said Electors may not Aiiorama- 
have received a majority, the Governor shall communicate the fact ictofs^ faii- 
to the General Assembly, if in session, and if not, he shall issue cefve a ma- 

1 . . . , . . j o r i t y -of 

his proclamation convening them m time to secure the vote of the votes cast, 

etc 

State in the Electoral College. The General Assembly shall, by 
joint ballot, elect as many Electors as have not received said ma- 
jority. If a majority of Electors have been chosen by the peo- 
ple, they may fill the remaining vacancies themselves by ballot, 
which election shall be communicated to the Governor. If, when 
the Electors elected by the people, or by the General Assembly, Electoral 
or some by each, convene at the Capitol, any of their number may mi"^^vaS 
not be present at the time specified for counting the vote, a ma-^^^^'^*^' 
jority of the elected may fill all vacancies, which shall be duly 
communicated to the Governor. 

§ 1335. If a majority fail to attend by said Wednesday at noon, on faiim-e 
from providential cause, those who do attend may adjourn from oftieSS to 
day to day for ten days, and if a majority is not present at the ' '°''^''" 
expiration of that time, the Governor shall convene the General 
Assembly on ten days' notice, who shall fill the vacancies by elec- 
tion. 

§ 1336. The electors, when assembled to cast the vote, shall 



260 PT. 1. — TIT. lo. — CHAP. 3. — Elections by the People. 



Article 5. — Judiros of the Superior Courts and Solicitors General. 



Etectorni chooso a President of their body from tlieir number, and a Secre- 
choo\*^»aPr«;- tarv not of their number ; said Secretary shall make a record of 
their proceedings in a book from the Executive Department kept 
for that purpose. 

§ 1337. Such Electors shall elect, by a majority vote, a mes" 
Electoral scnsfer to convey the vote of Georfi^ia, and shall, in resrard to that 

Colleso to o '^ . ' & 

choose a jii^^l ;^ll other matters, proceed, accordino; to the acts of Congress 

Messenger. ^ ' r ? o b 

in such cases made and provided. 

§ 1338, The pay of Electors shall be eight dollars per day for 
ray and evcrv dav required in remainino; at the Capitol on their mission, 

mileaire ot *' " ^ ... . 

Electors, ^nd eight dollars for every twenty miles in going to and returning 
therefrom, said mileage to be computed as that of members of the 

and of their General Assembly. The pay of the Secretary shall be one liun- 
dred dollars, all of -which is to be paid either out of the contingent 
fund, or out of any money in the Treasury, not otherwise appro- 
priated, in the discretion of the Governor. 



ARTICLE Y. 

JUDGES OF THE SUTEEIOH COURTS AND SOLICITORS GENERAL, 



Section. 

1339. Judges — when elected. 

13^0. Proclamation of i"esult. 

1341. Oath of Judges — how taken, etc. 



Section. 

13-12. New election — when ordered. 
13-13. Solicitors General— when elected. 
1344. Must give bond. 



§ 1339. The election for Judges of the Superior Court takes 
eifcuon for placc ou tlic first Wednesday in January next preceding the expi- 

Juds;e8 Su- . n ^ • . • 

perior Court ratiou 01 their commissious. 

§ 1340. The Governor, together with the Secretary of State, 
Governor shall, within twenty days after the election, count the votes, and 

and Secreta- ^ ^ j y ^ 

Scount^be ^^^^^7 immediately thereafter, issue his proclamation declaring the 
vou-s, etc. person receiving [a majority of the votes cast] (a) for Judge in 
each Circuit to be elected, and also requiring said person elect to 
appear before him, or two or more Justices of the Inferior Court 
of the County of his residence to take and subscribe the oaths of 
office, unless otherwise specially permitted. 

§ 1341. When said oaths are taken before the Justices afore- 
cielk'Sthf said, they shall be entered by the Clerk of the Inferior Court of 
cJartVetc!"^ such Couuty on their minutes, and they shall transmit, under 

(a) Constitution— Art. 4, Bee. 2, Par. 1. 



PT. 1. — TiT. 13. — Elections by the People. 



261 



Chapter 4. — For Jiis1i(;(;s of IIk; inferior (Joiirt, Ordinary, and (Jouiily 0/TlcerB. 



va- 



their hands and seals, to the Governor copies of the same without 
delay, when the commissions shall be issued. 

S 1342. If the person elect shall fail to appear and take the .^^"'fc ^^« 
oath within thirty days from the date of said proclamation, unless «^"^' ^^^ 
providentially prevented, the Governor shall declare said office 
vacant, proceed to fill the vacancy, and, by proclamation, order 
another election to take place within thirty days from the date of 
his proclamation for said purpose. 

§ 1343. Solicitors General are elected on the first Wednesday , J-}^ 

^ '^ for Soli 

in January next preceding the expiration of their commissions. General. 
§ 1344. The Governor shall proclaim the election of Solicitors , Ooyemor 

^ I to declare 

'General in the same manner that he does that of Judges, with the JJ^Jj^ ^^ ^^^*^ 
difference that he shall require them to execute, before such Jus- 
tices, to be approved by them, their official bonds, which shall be , Solicitors 

' 1 Jt «^ ' ' to give bon-d 

by said Clerk transmitted to the Governor, together with a certi- 
fied copy of the -oaths from his minutes. 



ection 
cit^its 



CHAPTER IV. 

FOR JUSTICES OF THE INFERIOR COURT, ORDINARY AND 

COUNTY OFFICERS. 



Section. 

1345. Election of County officers, etc. 
134G. Ordinaries and J. I. C.'s, etc. 
1347. Otiier officers — when elected. 



Section. 

1348. County Treasurer — when elected. 

1349. Election of other County officers. 

1350. Notice of election — how given. 



Court, etc. 

Time of 
election, etc. 



S 1345. Article I. of Chapter III., Section 1323, applies to the Elections 
■^ , r ^ 5 ^ ^ 7 rr f^^ justices 

officers whose elections are provided for in this Chapter. of inferior 

§ 1346. Justices of the Inferior Court and Ordinaries are 
elected on the first Wednesday in January next preceding the ex- 
piration of their commissions. 

§ 1347. Clerks of the Superior and Inferior Courts, and Sher- Time of 

electiiiiir oth-^ 

iffs, Tax Collectors, Tax Receivers, County Surveyors, and Coro- ercouutyof- 
ners, are elected on the same day and month mentioned next pre- 
ceding the expiration of their commissions. 

§ 1348. County Treasurers, where elected by the voters, are county trea- 

T . . . ' surors. etc. 

elected at the same time, annually. 

§ 1349. The election of any officer not mentioned, whose duties General pro- 



262 



PX. 1. — TIT. 13. — Elections by the People. 



Chapter 5.— For Justices of the Peace and Constables. 



Tbion fts to are entirely of a County nature, shall be elected at the same time, 

time of elec- * . • i i i» 

uon,oio. unloss Otherwise provuiea tor. 

§ 1350. When either of the officei^ mentioned are to be elected, 
ciork of In- the Justices of the Inferior Court shall cause their Clerk to sive 

ferior Court 

to jrivo no- thirty days' notice of the officers to be elected, a-nd the time of the 

tice t-/ elee- j ► 

election, Avhich shall be advertised at the door of the Court Hous©,. 
and also in some gazette printed in the Count j^ if any. 



Uon». 



CHAPTER V. 



FOR JUSTICES OF THE PEACE AND CONSTABLES. 



Sectiok. 

135L Election of Justices of the Peace» 

1352. How superiutended. 

1353. Returns — how made. 



Section. 

1354. Election — how regulated. 

1355. Election of Constables. 

1356. Constable's election, etc. 



§ 1351. Justices of the Peace are elected on the first Saturday 

Time of el- in January next preceding the expiration of their commissions. 

jnstiees of by the votcrs of their respective districts, provided they have resi- 

etc. ' dcd in the district as much as thirty days, immediately preceding 

the election, and are otherwise qualified. The election must be 

Place of held at the place of holdins^ Justice's Court for the district ; if 

election. i -i • • •<?» !• 

none, then at the election precinct; if no election precinct, then 
at some place in the district named by the Justices of the Inferior 
Court, of which ten days' written notice must be given in the 
district. 

§ 1352. Such elections shall be superintended by three free- 
Who shall holders of the district, who shall take the oath required in Chap- 

aaperintend __ ■•- ^ 

elections, tcr II., of this Title, Section 1310. 

§ 1353. Said superintendents shall transmit one return of said 
E'^inrns— to clcctions to the Governor and another to the Clerk of the Supe- 

whom made. • r\ n i r^ m 

nor Court ot the County, who shall keep the same on file. The- 
Baiiota to be ballots shall be likewise sealed up, and the number of the district 

sealed, etc. i i i 

marked thereon and delivered to such Clerk. 

§ 1354. The laws governing the elections for members of the 
Elections— Gcncral Assembly govern in the elections of Justices of the 

how govern- 

ed. Peace whenever they may be applied and are not inconsistent with 

those of this Chapter. 



PT. 1. — TIT. 13. — Elections by the People. 



263 



Chapter 0. — Contested Elections. 



§ 1355. Constables are elected on the same day, month, and Time of 
nlace that Justices of the Peace are, and by the same class of '•l<';lion;W 
voters, once in two years. '^f t»fflce. 

8 1356. Their elections are to be conducted in the same manner jnHtico of 
as those of Justices of the Peace, with the exceptions that — i>n-t^i(\n at 

1. A Justice of the Peace must be one of the persons presiding election if 

^^ *■ '^ not a candi- 

at a Constable's election, if there is one in commission to be had, 'i^^^^- 
and he is not a candidate at the same election. 



2. The returns must be made to Clerk of the Inferior Court of , /'';*"'","%^^ 

ue rnane to 



the County. 



Clerk Inferi- 
or Court. 



CHAPTER VI. 



CONTESTED ELECTIONS. 



Section. 

1357. Elections — how contested. 

1358. In case of Legislators. 

1359. Ballots may be examined. 



Section. 

1360. Set o-S of illegal votes. 

1361. Contents of Bailiffs' elections. 

1362. What defeats election. 



8 1357. When the election of a person by the people to any Proceedings 
office requiring a commission from the Governor is contested the contested ei- 

^^ ^ actions. 

proceedings are — 

1. The adverse party shall have five days' notice in writing of 
the intention to contest, and the grounds of the contest. 

2. The notice shall state the time and place where the contes- 
tant intends to take testimony, and the names of the witnesses, if 
any. 

3. The elect shall give like notice of the time and place where 
he intends to take testimony, and the names of witnesses, if any. 

4. Either party may appear by himself, or attorney, or both, 
and cross-examine the witnesses. 

5. At the time of taking testimony any judicial officer of the 
County where the testimony is taken may preside to preserve 
order, to swear witnesses, and to see that the testimony is fairly 
and impartially taken down, but all the testimony offered must be 
written down. Said officer has the power to subpoena witnesses 
and compel their attendance, if in the State, and to issue commis- 
sions to take testimony of persons out of the State, and to adjourn 
from day to day. 



264 FT. 1. — TIT, 13. — Elections by the People. 



Chapter 6. — Contested Elections. 



(). All tlio papers and proceedings, or copies of them, must be 
transmitted to the Governor, certified to by the presiding officer, 
or agreed to by the parties. 

7. When the Governor has notice of an intention to contest, he 
shall not issue the commission until the contest is decided, or the 
time has elapsed for it to begin. 

8. Both parties may appear by themselves and counsel, and 
be heard before the Governor, who shall have both notified of the 
day when he will hear the contest. 

9. Testimony going to prove the illegality of a vote, and the 
•Nvant of qualification in a voter, must be taken within thirty days 
from the day of the election. 

10. No proceedings can be begun to contest an election after 
the Governor has issued the commission. 

§ 1358. The proceedings to contest the seat of a member of the 
Prococdings General Assembly are the same, and may be transmitted to the 

when seat vl ^ ^ ./ 

; "'r'"^'^'"''^ Governor, who shall send the same, immediately after the or^an- 
iscontesu>d. J2ation, to the presiding officer of the House w^here the contest 
lies, or may be sent direct to such presiding officer. 

§ 1359. When an election is contested, on the ground of illegal 

When sus- votes, any of whom it is claimed on affidavit can probably be 

lots may be provcu by rcsort to the ballots, specifying what ballots, it is the 

examined. . . 

duty of the Clerk of the Superior Court to deliver the same, to- 
gether with the list of voters, to the person who presides at the 
taking of testimony, who shall examine said suspected ballots, and 
none other, and have put down as part of the testimony their 
contents, and all other testimony attacking and defending their 
legality. 

§ 1360. Illegal votes by the method aforesaid, and otherwise, 
lUejrai votes may be proven by both parties, and if such are proven on both 

»et off e.ich . J 1 ? r 

other and sidcs onc shall Stand against another, and he is elected who has 

highest o ' 

fezTi'^^votea ^^^^ gi'catest numbor of legal votes. All are considered legal not 
elects, etc. proven to be illegal. 

§ 1361. In all elections for Constables, corporation officers, or 
whodccidr., other officers not provided for above, contests as to elections shall 

contest in ^ ' 

c«jjjjbies' })e heard before and decided by the Court or persons who by law 

issue the certificates of election. For each day an officer pre- 

comr.ensa- sidos in hearing such contest he shall receive two dollars, to be 

Bidiing om- paid by the losing party, and for which such Justice may issue a 

fu fa. 



PT. 1. — TIT. 14. — Elections by the General Assembly. 20;j 



Chapter 1.— For United Statps Senators. 



^1362. No election aluiU bo defeated for non-compliance with Kiection not 

voUl by r<.'a- 

the requirements of tlic law, if held at the proper time and place r'/VjT /"''"' 
hj persons qualified to hold them, if it is not shown that Ly that 
non-compliance the result is different from what it would have been 
had there been a proper compliance. 



TITLE XIV. 

ELECTIONS BY THE GENERAL ASSEMBLY. 



CHAPTER I. 

FOR UNITED STATES SENATORS. 

Section 1363. Election of Senators to Congress. 

§1363. 'The elections for Senators in the United States Con- senators in 

Congress — 

gress from this State, shall be held by the General Assembly ^hea eiect- 
during the sitting or session which immediately precedes the be- 
ginning of the term which they are to fill. 



CHAPTER II. 

FOR OTHER OFFICERS. 

Section. j Section. 

1364. Judges of the Supreme Court, etc. ' 1365. All elections by Legislature — when. 

§1364. The Judges of the Supreme Court, the Secretary of Time of ei- 
State, the Comptroller General, the State Treasurer, Printer, and es supreme 
Bank Directors, are elected by the same rule as to time. 

§ 1365. All officers created for the service of the State, the Legislature 
election of which is not given to the people, or some other tribunal, officers, etc! 
are elected by the General Assembly, in the same manner and 
time as the officers elected by them. 



2Gi> PT. 1. — TIT. lo. — CHAP. 1. — Police Regulations, etc. 



Article 1. — The Trustees. 



TITLE XV. 

POLICE AND SANITARY REGULATIONS 



CHAPTER I. 

LUNATIC ASYLUM. 



Article 1. — The Trustees. 

Article 2. — The Superintendent. 

Article 3. — Admission and Disposition of Patients. 



ARTICLE I. 

the trustees. 



Section. 

136G. Management of Asylum. 
1337. Trustees— how appointed. 
13G8. Authority of Trustees, 



Section. 

1369. Officers— how appointed. 

1370. Bond of Treasurer. 

1371. Annual Report of Trustees. 



§ 1366. The State Lunatic Asylum at Midway, near Milledge- 
Lunatic yiHe, is solelv the property of the State, and is under the man- 

Asyluui. ' ./lie/ 7 

agement of three Trustees. 

§1367. Said Trustees are biennially appointed by the Gover- 
Appoint- nor, on the first Monday in December, and in such, manner that 

m e n t of ' "^ ' 

Trustees, one of the Trustees shall be continued in office for a second term, 
that there may be always one member of the Board who has ex- 
perience in the affairs of the Asylum. 
§ 1368. They have authority — 

1. To prescribe all the rules and regulations for the manage- 
Authority ment of the institution, not conflictinc: with the law. 

of Trustees. ^ ^ 

2. To appoint all the officers, point out their duties, and fix their 
salaries. 

3. To create such other offices, and select the incumbents, if in 
their judgment such is necessary to an efficient administration. 



PT. 1.— TIT. 15.— CHAP. 1.— Police Regulations, etc. 267 



Article 1.— The Trustees. 



4. To remove from oflice, wlion the incumbents fail to diHcharge 
well their duties, or are guilty of any immoral or unfaithful con- 
duct, and cause to be prosecuted any officer, or other person, who 
shall assault any inmate of said institution, or use toward such 
any other or greater violence than the occasion may require. 

5. To hold in trust for said Asylum any grant or devise of land, 
or bequest or donation of money, or other property for the gen- 
eral use of the institution, or the particular use defined. 

6. To visit the institution monthly by at least one of the Board, 
semi-annually by a majority, and annually by all of them, at such 
time as they may agree upon. 

7. To bring suit in their names for any claim the institution 
might have, whether arising upon contract or tort. 

^ 1369. The officers of the Asylum, appointed by the Trustees, other om- 

. . . cers appoin- 

are a Superintendent, an Assistant Physician, a Treasurer, a Stew- t^<i ^y tte 

^ ' . . Trustees. 

ard, Assistant Steward, and Matron, whose salaries are paid quar- 
terly out of the annual appropriations. 

§ 1370. The Treasurer must arive bond and security in the sum Bond of 

^ *^ Treasurer. 

of five thousand dollars. 

§1371. At the close of each fiscal year, which terminates on Annual re- 
the first day of October, the Trustees shall make to the Gover- tees. 
nor, to be by him laid before the General Assembly, in connec- 
tion with his annual message, a full report of the condition of the 
Asylum, in all its departments, [embracing the amount of each 
kind of provisions, drugs, clothing, and bedding purchased ; of 
whom purchased, price paid, and aggregate cost ; number of per- 
sons received, died, and discharged ; dates of reception, discharge, 
and death ; male and female, pauper and pay patients, and par- 
tial pay, if any ; and also whether payment was made in cloth- 
ing, provisions, or currency.] (a) 



ARTICLE II. 

THE SUPERINTENDENT. 

Section. i Section. 

1372. Must be a physician. I 1373. Duty of Superintendent. 

§1372. The principal officer of said Asylum is the Superin- ^"r^r\»ten- 
tendent, who shall be a skillful physician. i^™- 

(a) Acts of 1865-6, p. 24. 



•20S FT. 1. TIT. 15. — CHAP. 1. — Police Regulations, etc. 



Article 2.— The Superintendent. 



gloTo. It is his dutj — 

1. To reside constantly on the premises, and devote his profes- 
Superint.-n- sional services exclusively to the use of the Asylum, for which 

dent's liutios . *' . . . 

purpose he must be furnished Avith a suitable residence. 

2. To take charge of and exercise control, subject to the Trus- 
tees, over every department of the institution, and have control 
over all resident officers, attendants, and servants employed therein. 

3. To discharge all duties any way connected with the restora- 
tion to health or sanity of the inmates. 

4. To make an annual report to the Trustees, on the first day 
of October, of all the affairs of the institution under his super- 
vision, [and shall account for all his expenditures on vouchers, in 
the same form as those which are made in accounting for disburse- 
ments in the Commissary Department of the United States.] (a) 



ARTICLE III. 

THE ADMISSION, MANAGEMENT, AND DISCHARGE OF PATIENTS. 



Section. 

1374. "Who may be inmates. 
1875. Inmates — how classified. 

1376. Apartments of Asj'ium. 

1377. Georgians preferred. 

1378. Georgia pay patients. 

1379. Non-resident pay patients* 
13S0. Pay patients classified. 

1381. Certification of pauper patients. 

1382. Support of pauper patients. 

1383. Paupers to pay — when. 

1384. Clothing, etc., of discharged paupers 



Section. 

1385. Inmates may be tried. 
1S8G. Trial — how demanded. 

1387. Admission of inebriates. 

1388. Inebriates — how kept. 

1389. Insane negroes, etc. 

1390. Insane convicts. 

1391. Convicts — how supported, 

1392. Cured convicts — how disposed of. 

1393. Uncertified patients. 

1394. Re-commitment of inmates. 

1395. Insane criminals. 



Who maybe § 1374. Pcrsous who may become inmates of said Asylum are 
Asylum. Cither luuatics, idiots, epileptics, or demented inebriates. 

§ 1375. The inmates are divided into the followina; classes: 



i=> 



Classifica- 
tion of in- 
zoates. 



1. Pay or pauper patients residents of this State. 

2. Pay patients being non-residents. 

3. Insane Penitentiary convicts. 

4. Insane negroes, in certain cases. 

§ 1376. The Trustees of the Asylum shall see that proper and 
Asylum to distinct apartments are arranged for said patients, so that in no 

be divlfjof] ^ o 1. ■> 

ir>u> apart- cas€ shall thc ucgro and the white person be together, nor the 
Penitentiary convicts with either, and males and females shall be 
kept separately. 



(a) Acts of 1805-6, p. 34. 



1>1\ 1.— TIT. ir).— CHAP. 1.— Police RegulatiOxXS, etc. 209 
Article 3.— The Aclmiseion, Management, and Discharge of Patients. 



§ 1377. Citizens of our own State Hliall have preference to non- (u-or^^nin- 
residents when, at llie tiino of tlio application, all can not Le ac- ^'-f'^- 
commodated, and if such a contingency should happen, it must he 
reported to the Governor without delay, who shall communicate 
the fact to the General Assembly. 

§ 1378. A pay patient resident of this State shall not he ad- Kf-Md^nt 

•11 1 • • 1 n 1 I'^y patients 

mitted unless accompanied by authentic evidence of lunacy, ac — i"'w ad- 

. , milted, 

cording to law, or there is produced the certificate of three re- 
spectable practicing physicians, well acquainted with the condition 
of the patient, or one from such physicians, and two respectable 
citizens, stating the cause of the application. 

^ 1379. A pay patient, not a resident of this State, shall not be , ^"on-res^- 

"^ 1 v' 1 -' ^ ^ dent pay pa- 

admitted unless accompanied by an authentic record of a convic- tients— how 
tion of a malady, which by the law of this State, is a ground of 
admission, from a Court having jurisdiction, or shall produce a 
certificate like that required in this State, together with the cer- 
tificate of the Judge having jurisdiction, who shall state officially, 
that the certificate of said physicians and other persons, are genu- 
ine and entitled to full credit. And shall then not be received 
until the payment of expenses is secured. 

S 1380. Pay patients may be divided into diiferent classes, ac- Paypatient3 

, 1 • T • 1 1 1 • n mavbeclas- 

cordmg to the accommodation desired and their means of paying, sified. 
§ 1381. When a person has been convicted of a malady requir- .^anperpa- 

■■■ t/ 1 tient---, and 

ing him to be committed to said Asylum, it is the duty of the certmecf '^^^ 
Court presiding at the trial to certify if said person be a pauper. 
He shall not be certified a pauper unless in whole or in part sup- 
ported by the County, or the County is bound for his support un- 
der the law. If there are persons who by law are bound and 
able to support him, the names of such persons must be given. If 
the person has means enough to support himself in part, the 
amount of such means must be stated and must be paid toward his 
support. 

§1382. A certificate of pauperism entitles the person to be Praiper pa- 
supported at the expense of the State. Those for whose support ported "" bv 
others are bound must be furnished with suitable support by the 
State, and the expense collected out of such other persons by the 
Trustees. 

§ 1383. If a patient committed as a pauper, or as of limited Pauperism 

ceasiiifi-. pa- 

means, becomes entitled to an estate, said estate is bound for his tient ^must 

defray ex- 

support according to its value, and whoever holds it may be com- reuses. 



270 PT. 1.— TIT. 15.— CHAP. 1. — Police Regulations, etc. 



Article 3.— The Admission, Mauagemcnt, unci Discliiirge of Patients. 



polled to secure to the Asylum its proper charges, or to turn over 
to the Trustees the property to be held for such purpose. 

§ 1384. A pauper patient shall not be discharged from the Asy- 

Dischsr^oa Jum without proper clothing and a sum of money necessary to 

xicnt must carry him to his residence or the Oounty irom whence he was sent. 

§ 1385. If, before or after admission of a pay patient, resident 

Triniofia- or non-residciit, by certificate, the person alleged to be a lunatic, 

nacy may Ix^,.^., ,j. i -, ^ /> t m 

demanviod, or his fricnd or relative, may make a demand oi the ouperin- 

etc. 

tendent for a trial of the question of lunacy by jury, which shall 

be had without delay, according to law, in the County of Baldwin. 

§ 1386. The like demand and trial may be had by all patients 

How tmi who have been convicted of lunacy, if the person demanding it, 

mar be dJ- bcinir rclativc or friend, will make an affidavit that he believes 

mauded. ^ . 

the alleged cause of commitment did not and does not exist, and 
that the conviction was obtained by fraud, collusion, or mistake. 
The same right exists when there is an affidavit that the cause of 
commitment has ceased to exist, and there is a refusal by the Su- 
perintendent to discharge after demand made.- 

§ 1387. When, by a provision of this Code, elsewhere made, a 

Inebriates persou is declared to be an inebriate and incapable of managing 
mitted. jjjs property, such person, by his own consent, if capable, and if 
incapable, by the consent of his nearest relative, or when a per- 
son is not so declared, but has the certificate of three physicians, 
and is himself willing, such person may be received into said 
Asylum, allowed the use of apartments devoted to him, or such 
as are suitable, and be treated as a patient thereof. 

§ 1388. Such patients shall never be placed in company with 

Inebriates any Other class of patients without their consent, nor placed in 
confinement unless they are dangerous to themselves or others. 
[They must pay for their support as pay patients, and be subject 
to the control of the Superintendent as other pay patients until 
discharged.] (a) 

§ 1389. Apartments must be provided for insane negroes, resi- 

insanene- dents of this State, who are able or unable to support and take 

groes, eta ' J^ ^ 

care of themselves. Those negroes who are able must pay for 
their support ; those unable must be supported as other pauper 
patients. The certificate of the Justices of the Inferior Court 

(a) Acts of 1865-6, pp. 24^. 



PT. l.—TIT. 15.— CHAP. 1.— Police Regulations, etc. 271 

Article 3. — The AclmisBion, Management, and DiHcliarge of Patients. 

of the County where the negro resides of his condition, mentally 
and pecuniarily, shall be sufficient to grant him admittance. 

^1390. If a Penitentiary convict becomes afflicted so as the in«anecon- 

'-■ «' victs — how 

affliction would entitle another person to a place in said Asylum, admitted, 
he shall be received therein if accompanied by the certificate of 
the Physician to the Penitentiary and the Principal Keeper thereof 
of said fact. The certificate shall also show the name of the con- 
vict, the offense for which sentenced, the County from whence 
sentenced, and his term of service, which shall be filed away. 

§ 1391. If said convict has the necessary means, he shall pay ^^"'J ^up- 
for his support as long as he remains at the Asylum. 

§ 1392. If such convict shall recover before his term of service cured con- 

, victs — how 

has expired, the fact shall at once be certified by the Superin- ciisp^^sed of. 
tendent to the Principal Keeper of the Penitentiary, who shall 
forthwith have said convict taken back into the Penitentiary. 

§ 1393. Whenever there shall be an application for admission Temporary 

■'■■'• disposition 

unattended by the requisite evidences, the Superintendent has of unceni- 
authority to receive and provide for the person for a reasonable ^i^^^^- 
time, provided a sufficient sum shall be advanced for his mainten- 
ance in the meantime. 

§ 1394. When a person has been properly received as a patient, inmate ab- 

1.7 r^ 1 1 1 . 1 P T 1 sent for 3 

but IS absent tor as Ions; as three months, either from discharge, months 

° . ' . ° ' must be re- 

elopement, or removal by friends, he can not be received at the committed 

, , . . in form. 

Asylum without going through the process required in this Chap- 
ter, according to the class of patients of which he may be. 

§ 1395. When a person has been acquitted of a capital crime Criminals 

,■'■ , ^ ^ _ acquitted on 

on the oTound of insanity, and such person is committed to the p^^a of in- 

^ •^ _ ■•■ sanity, or 

Asylum, he shall not be discharged thence except by special act r"^*'^^. ^^°' 

J ' o r J \. tence is sus- 

of the Legislature. If the crime is not capital, he shall be dis- £!J^^^" ^^^^' 
charged by warrant or order from the Governor. If sentence is 
suspended on the ground of insanity, upon restoration to sanity 
the Superintendent shall certify the fact to the presiding Judge 
of the Court where he was convicted. 



how dealt 
with. 



272 



FT. 1. — TIT. 15. — Police Regulations, etc. 



Chapter 3.— Health, Hospitals, Iiifcctiou, and Quarantine. 



CHAPTER II. 

HEALTH, HOSPITALS, INFECTION, AND QUARANTINE. 



Section'. 

l;W. "Wlio may establish liosintals. 
i;W. Kosrulation of quarantine. 
loOS. Quarantine grounds. 
1;W. Removal of vessels thithei'. 

1400. Eseaping quarantine. 

1401. Bills of health, etc. 
14(^2. Inland travelers. 
U02>. Duty of pilots. 

1404. Persons on board of vessels. 

1405. Proolamation as to contagions. 



Section. 

1406. Violation of quarantine. 

1407. Concealment of small-pox, etc. 
140S. Fines, etc. — how disposed of. 

1409. Quarantine — how certified. 

1410. Fees of health officer — how paid. 

1411. Small-pox hospitals— how provided 

1412. Quarantine regulations. 

1413. Expenses^account of. 

1414. Expenses — how paid. 

1415. Vaccine— 'how distributed. 



§ 139G. The corporate authorities of any city or town may estab- 
city corpo- lish iu them, respectively, or in the vicinity thereof, hospitals or 

raiion. oto., i i • i 

imy ostub- pest liouscs, to DO subicct to such reo;ulations, not contrary to law, 

lish hospi- ^ , 1 . . ^ 1 T ^ 

tais. as such corporate authorities may make to prevent the spread of 

infectious or contagious diseases, but in all cases where such 
authorities of a town may establish hospitals or pest houses out 
of their own jurisdictional limits such establishments shall be 
only on land acquired by such corporation for protection against 
the spread of disease within its own limits ; in all other cases the 
Justices of the Inferior Court of each County, respectively, are 
vested with the power to establish such hospitals and make such 
regulations. 

§ 1397. The corporate authorities of such town may, from time 
Qjarantine to time, prescribo the quarantine to be observed by all vessels 

scribed and arriviuo; withiu the harbor or vicinity of such town, and reffula- 

regulated- .. ^ '^ ? b 

tions therefor, not contrary to law; and such regulations may 
extend to all persons, goods, and effects, arriving in such vessels, 
and to all persons going on board of the same. Any person 
violating such regulations, or any of them, after personal notice, 
or after other notice thereof, given for five days, in such manner 
as may be prescribed by such corporate authorities, or in the 
absence of any mode so prescribed, by notice of such regulation 
for five days in some newspaper in such town, or where there is 
no newspaper by notice posted up at some pub]ic place in such 
town for the same length of time, shall be guilty of a misde- 
meanor, and on conviction thereof shall be liable to fine of not 
more than five hundred dollars; provided, nothing herein con- 
tained shall prevent the infliction by the corporate authorities 



PT. 1.— TIT. 15.— Pof.rcE Regulations, ETC. ; 27 



Q 



Chapter 2.— IlcalUi, IIospitulH, Infcclif;)!, and (Quarantine. 



having power to pass ordinances or by-laws of such other penalty 
not exceeding one hundred dollars fine, in lieu of the penalty first 
above named, as may be prescribed in any such ordinance or 
by-law. 

§ 1398. Any town may establisli a ([uarantine ground therefor Quarantine 

• 1 • 111 • f • 1 • , ^' r o u n d — 

at any place W'lthin the harbor, it a seaport town, but m such how t.stab- 
manner as not to interfere with the nglits of private property; 
and the jurisdiction of the corporation of Savannah shall, in cases 
of quarantine, extend to all ships and vessels which shall enter at 
any port or inlet from Ossabaw sound to Tybee, including all 
inlets, rivers, and creeks within those limits. 

§1399. The health officer or visitino; physician of such town Vessels may 

^ o X •/ ^g removed 

may, under the direction of the corporate authorities, cause any J:*^^ ^^^H^^^ 
vessel arriving therein, or in the vicinity, if the vessel or cargo is 
in bis opinion so foul or infected as to endanger the public health, 
to be removed to the quarantine ground or other proper place to be 
inspected, and any master, seaman, or passenger belonging to any 
vessel supposed to have any infection on board, or from a port 
where any dangerous infectious disease prevails, refusing to answer 
on oath such inquiries as may be made by any health officer, 
relating to any infection or disease, shall be guilty of a misde- 
meanor, and, on conviction, shall be liable to pay a fine of one 
hundred dollars. 

§ 1400. If any person ordered to perform quarantine shall Persons es- 

*; ■"■ ^ ■"■ ■"• ^ capin? or at- 

escape, any Justice, on complaint thereof on oath, may issue his tempting to 

^ '^ ■*■ J >/ escape quar- 

warrant to the Sheriff, Constable, or Town Marshal, to arrest and '^"^\'^'^~?°^ 

^ ' ' dealt with. 

deliver such person to the custody of the officers of the quaran- 
tine, and any person attempting to escape may be forcibly detained 
at the place of quarantine by such officers. 

§ 1401. The master of any vessel ordered to perform quarantine Master of 

T'pc^pic HI list 

shall deliver to the officer appointed to see it performed his bill of deiiVer bin 
health and manifest, log-book and journal; if he fails to do so, etc. 
or to repair, in proper time, after notice, to the quarantine ground, 
or shall depart thence without authority, he shall be guilty of a 
misdemeanor, and, on conviction, shall be fined in a sum not less detSut/ 
than two hundred dollars. 

§ 1402. Any person coming; into town by land from a place inland tniT- 

. '^ ^ . "^ ^ elers com- 

infected with a contao-ious disease maybe compelled to perform p^iie<3 to 

'-' ./ 1 1 perform qua- 

qu^rantine by the health officer, under the direction of the corpo- rantine. 
rate authorities, and restrained from traveling until discharged ; 

18 



274 FT. 1. — TIT. 15.— Police Regulations, etc. 



Chapter 2.— Health, Hospitals, Infection, and Quarantine. 



and any person thus restrained, traveling before he is discharged, 
Ponaity for shall bo guiltj of a misdemeanor, and, on conviction, may be fined 
Juli^ntiuo'.' in a sum not exceeding one hundred doUars. 

§ 1408. It shall be the duty of any pilot before entering on 
Duty of board of anv vessel, to make strict inquiry of every master or 

pilot* before •,*',», /. i i i • i 

enu^rin:: on commandcr of the same as to the state of health in such vessel, 

Kxinl of vos- ^ ^ ' 

-^^'*- and in case it be found that any malignant, contagious, or in- 

fec ious disease is on board such vessel, such pilot shall not enter 
therein, under the penalty of one hundred dollars and removal 
from office; and any such master or commander refusing to answer 
any such reasonable inquiry, or giving false information in answer, 
may be fined in a sum not exceeding five hundred dollars. 

§ 1404. No person on board such ship or vessel in which such 
Persons on discasc shall cxist, or whilst such ship or vessel is performino; 

board of ves- . ' . r o 

seisshaiiob- quarantine, shall come, or be permitted to come on shore or land 

serve quar- ■"• . . * . 

antine. from such vcsscl, witliout permission from the proper authority, 
under the penalty of fine and imprisonment, at the discretion of 
the Court, and any person going on board such vessel (except the 
health officer or visiting physician) and returning without such 
permission shall be liable to the same penalty. 

§ 1405. The Governor of this State may, by proclamation, when- 



Prociama- evcr lie shall deem it necessary, give such orders to prevent the 

tion of Gov- "^ ' ° ^ 



ernor 
conti 



a3 to spread of contaaiious or infectious diseases within the State, and 

lOUS ^ '-' ' 

diseases. make such appointments and regulations concerning the same as 

shall by him be deemed proper, and be stated in such proclamation, 

and any person violating such orders or regulations may be fined 

or imprisoned at the discretion of any Court having jurisdiction. 

§ 1406. Any person coming into this State by land or water 

Violators froui any place infected with contagious disease, and in violation 

of quaran- */ i. O ' 

inTiXd^ ^'^ ^^ quarantine regulations, may be indicted in any County in 
which he may be found, and, on conviction, be fined in a sum not 
exceeding five hundred dollars, and be imprisoned in the common 
jail at the discretion of the Court. 

§ 1407. Any physician or other person who shall conceal a case 

coS??^ of small-pox, or varioloid, or any modification of the same, within 
^\f any incorporated city, town, or in any County in this State, by 
not giving immediate notice thereof to the Mayor, Intendant, or 
health officer, or Justices of the Inferior Court, may be indicted 
and fined in a sum not exceeding five hundred dollars, or impris(^ed 
at the discretion of the Court. 



email 
indicia 



PT. 1.— TIT. 15.— PoLicM Regulations, etc. 275 



CliapteT 3.— Health, Hospitals, Infection, and Quarantine. 



^ 1408. All lines and forfeitures Hrisinc: out of the violation of vinH» for 

. . V i o 1 a f. I n ({ 

any quarantine or other sanitary regulation shall be paid, after qiiJirar,Ufi<;-- 
deducting the proper expense of colleetion, into the treasury oi'""^"^- 
the city or County, and may be expended in aid of the quaran- 
tine and other sanitary laws, and toward the support of the poor 
thereof. 

§ 1409. It shall bo the duty of the health officer of any port, Porform- 
or the authorized visiting physician thereof, after a vessel shall ran tine — 

• • - r* 1 (* -x ^'''^^ certi- 

have duly performed quarantine, to give a certincate thereoi to the fit'i. 
master or commander, under a penalty, for every refusal, of one 
hundred dollars; and in case of such refusal, or of there being no 
such health officer or attending physician of the port or place, 
such certificate shall be granted by constituted authorities of such 
port or place: the fee for such certificate shall be two dollars for 
every vessel of more than two hundred tons, and one dollar for certificate, 
every vessel of not more than two hundred tons. 

§ 1410. For visiting; any vessel when required, and o;rantincr a Fees of 
certificate of the health of the crew and passensrers on board, the c^r — by 

-'■'--' whom paid. 

fee of the health officer or visiting physician, to be paid by the 
master of such vessel before she shall be permitted to enter, shall 
be two dollars — coisting vessels coming from one inlet in the State 
to another inlet in the same, excepted. 

§ 1411. fThe Justices of the Inferior Court of each County, or smaii-pox 

, 1 • • r» • • 1 • o hospitals. 

the corporate authorities or any town or city m this btate, 
-within the limits of which the small-pox has appeared, or may 
appear, are authorized and empowered to provide a suitable hos- 
pital for those so afflicted, and to furnish them with medical or any 
other attention that in their judgment those so afflicted may 
require.] (a) 

§ 1412. [Such Justices or corporate authorities may also pro- Quarantine 
vide proper quarantine regulations to prevent the spread of said 
disease; "provided^ that no person shall be forced to leave his or 
her home to go to the hospital aforesaid, when they are properly 
provided for and guarded at their own expense; said Court shall 
not pay any expense of any case so situated.] (a) 

§ 1413. [Said Court or corporate authorities shall make, or cause Es-enses— 
to be made, a proper and just account of all expenses accruing 
from such quarantine and other attention, either medical or 

(a) Acts of 1865-6, page 88. 



res^ulations. 



account of. 



1^715 



PT. 1. — TIT. 15. — Police Regulations, etc. 



Chapter 3. — Pln'sicians and Druggists. 



nursiiiir, of all they may have under control and who submit to 
the rei^ulations of said Court or corporate authorities.] (a) 

§ 1414. [Said Courts or corporate authorities shall have all 
HowiviM. accounts properly audited, and forward them to his Excellency 
the Governor, who shall draw his w^arrant on the Treasury for the 
amount set forth in said account or accounts.] (a) 

§1415. [The Governor is authorized and required to procure 
vaocinc— t]ie ncccssary quantity of genuine vaccine matter, either by pur- 
chase or manufacture, at such reasonable compensation as he may 
contract for, and have the same transmitted to the Justices of the 
Inferior Courts of each County in this State for immediate 
use.] (a) 



how 
uted 



CHAPTER III 



PHYSICIANS AND DRUGGISTS 



Section. 

1416. Who may practice medicine. 

1417. Allopatliic Medical Board. 
141S. Duty of the Board. 

1419. Temporary license. 

1420. Record of Board evidence. 

1421. (Quorum of the Board. 

1422. Bcformcd Medical Board. 

1423. Present Boards continued. 



Section. 

1424. Penalty for illegal practice. 

1425. Defendant must show authority. 

1426. Board confined to its school. 

1427. License fee. 

1428. What physicians exempt. 

1429. Druggist must obtain license; 

1430. Must show his authority. 

1431. Who are exempt. 



§ 1416. Any white person who has received a diploma from any 
Who may Mcdical College of the State of Georsia, without regard to the 

practice " o' o 

medicine, school, is authorized to practice to the extent of the powers 
given in said diploma, subject to the provisions hereinafter set 
forth. 

§ 1417. There is established in this State a Board of Physi- 
of^iloar'rS^^^^^ of the Allopathic School, who have the authority — 
Phjbiciacs. 1 To mcct annually, or oftener, at the call of any three of 
their number, at [the seat of Government.] (b) Thirty days' 
notice must be given of annual meetings. 

2. To elect all officers and to fill all vacancies. 
•3. To be a body corporate, with the right to exercise all the 
powers usual in such associations that are necessary to their 
organization, if in conformity to the Constitution and laws. 

4. To grant licenses to all applicants who under the law are 



(a) Acts of 18G5-G, p. 88. (b) Acts of 1865-6, p. 25. 



1>T. 1.— TIT. 15.— Police Regulations, etc. 277 

Chapter 3.— Physicians and Druggists. 



entitled thereto, and to fix the fee therefor when not fixed hy 
law. 

5. To prescribe a course of reading to those who study medi- 
cine under private instruction which shall be obligatory upon all 
who may apply to the Board for examination. 

§ 1418. It is their duty — 

1. To (xv'diit licenses to practice to all physicians fof their i>Jtv <>f 
school who present their diplomas from incorporated Medical Col- ^f I'hysi- 

i . cians. 

leges of Georgia without examination.] (a) 

2. To grant such licenses to all other persons who undergo a 
satisfactory examination. 

3. To grant license to practice in any particular branch of med- 
kine, or to treat any particular form of disease, if satisfied upon 
the examination that the applicant is thus competent. 

4. To grant licenses to apothecaries upon their standing a sat- 
isfactory examination as to their knowledge of drugs and phar- 
macy. 

5. To keep a book in which shall be entered the names of every Vend drags, 
person licensed to practice or vend drugs, and the extent of the 
license. 

§ 1419. One member of said Board may grant a license to an Temporary 
applicant to practice until the next regular meeting of the Board, be granted 
when he shall report the fact, at which time the temporary license 
is at an end ; but such a license shall not be granted by a mem- 
ber after the Board has refused one. 

§ 1420. The book so ordered to be kept is a book of record, Transcript 

^ of record — 

and a transcript from it, certified to by the officer who has it in ^^<^^ evi- 

^ ' ^ ^ deuce. 

keeping, under the common seal, shall be evidence in any Court 
of this State. 

§ 1421. [Fourl fa) members of said Board constitute a quorum for Quorum of 

•^ L J\ / _ M. the Board. 

the transaction of business, and should a quorum not be present 
on a day appointed for its meeting, those present may adjourn 
from day to day until a quorum is present, 

§ 1422. There is also established a Board of Physicians of the Authoritr 

•^ and duty ot 

Reformed Practice of Medicine, who have the same authority ^?'^^'^.' ^^ 

' *^ Physicians, 

and must perform the same duties hereinbefore set forth. ^^^• 

§ 1423. The persons and number of persons constituting both Present 
of said Boards at the adoption of this Code continue, and all the tinaed. 

(a) Acts of 1865-6, p. 25. 



:27S PT. 1. — TIT. 15. — Police Regulations, etc. 



Chapter 3.— Physicians and Druggists. 



provisions of their respective charters are like\yisc preserved, if 
not lawtully altered herein. 

§ 1424. Anj person who shall practice surgery, or in any man- 

Penalty nor proscribc for the cure of diseases for fee or reward, in viola- 

ihV i!n>v!lr- tion of the provisions of this Chapter, shall be liable to indict- 

chjiptor. ' ment, and, on conviction, shall be fined not exceeding five hun 

dred dollars for the first oftense, and for the second, imprisoned 

not more than two months ; one-half of the fine to inure to the 

informer, the other to the Educational Fund of the County. 

§1425. On the trial of such indictment, it is incumbent on the 
rr?of"!n°thJ defendant to show that he has authority under the law to practice 
party ludict- pj^ygj^ j^^^j surgcry, to exempt himself from such penalty. 

§ 1426. Neither Board can license persons to practice in a 

Power of school of medicinc difi'erent from their own. PhyBicians belong- 

confiiied to ing to a school of medicine not represented by a board of physi- 

their rospcc- . . ti-ti i i-pii 

tivo schools, cians may practice under tneir diplomas alone, and it they nave 
none, are liable as though they had no license and were required 
to have them. 

§ 1427. The fee for licenses obtained on diplomas shall not ex- 
Lieensc fee. ccod fivB dollars, and on examination shall not exceed twenty-five 
dollars. 

§1428. Physicians who were in practice prior to the 24th of 
ex^ml^''^"'^ December, 1847, [or were in practice under legal diploma or li- 
cense on the first day of January, 1863,] (a) are exempt from all 
the provisions of this Chapter. 

§ 1429. No person in this State [shall open or keep a drug or 
Drujrgists apothecarv store without first obtaining; a license therefor from 

must obtain -i ./ o 

license. the Mmcdical Board of his own school. Such license shall be re- 
corded in the office of the Clerk of the Inferior Court, and the 
Clerk is required to keep a list of the names of the persons li- 
censed in a conspicuous place in his office, for which he shall re- 
ceive one dollar fee for each license so recorded.] (b) 

§ 1480. Any person violating the preceding Section is liable to 
prntTi.^t indictment, and, on conviction, to be fined not less than one thou- 

I n fl i 6 t e d ' ' 

?"'^ .^^"J sand nor more than five thousand dollars, and for a continuation 

his aathori- _ ^ ' 

*/• after said conviction, to the like fine and imprisonment not ex- 

ceeding six months. The onus of proof is upon the defendant to 
show his authority. 

(a) Acts of 1805-G, p. 20. (b) Acts of 1865^6, p. 25. 



PT. 1. — TIT. 15. — Police Regulations, etc. 



279 



Chii,[)tor 4. — Tavern arifl Retail LioeriHCH. 



§ 1431. DruiTffists arc exempt from obtaining said license who whatdraK- 

o oo L n (rJHfH are tx- 

were engaged in said business prior to 24th of December, 1847, ^'^i'^- 
and who continue so at the adoption of tliis Code ; and merchants 
or shopkeepers may deal in laedicines already prepared, if pa- 
tented, or, if not patented, are legally warranted by a licensed 
druggist. 



CHAPTER IV. 

TAVERN AND RETAIL LICENSES. 



Section. 

1432. Ketail licens^how obtained. 

1433. Oath of other venders. 

1434. Retailing— confined to one place. 



Section. 

1435. License by corporate towns. 

1436. Furnishing liquor to one drunk. 

1437. "Retailor" defined. 



§ 1432. Persons, before obtaining license to retail spirituous License to 
liquors, must apply to the Justices of the Inferior Court of the —how " ob- 

. . . . tained. 

County in which they desire to retail, who have power to grant or 
refuse such application. When such application is granted and 
entered on the minutes the applicant shall execute a bond, with 
sufficient security, in the sum of five hundred dollars, payable to 
such Justices, conditioned to keep an orderly house, and to abide 
faithfully by the oath to be taken by him ; which bond shall be 
taken and approved by the Clerk of the Inferior Court, filed in 
his office, and recorded in the book kept for that purpose. Any 
person aggrieved may bring suit on such bond. Licenses granted 
in any other way are void. They shall also, at the same time, be- 
fore said Clerk, take and subscribe the following oath : 

[''I swear that I will not, during the next twelve months, sell, 
barter, give, or furnish spirituous or intoxicating liquors in any 
quantity to any minor, either white or colored, without the con- 
sent of his or her parents or guardian, and that I will not allow 
others to do so for me with my knowledge or consent. So help 
me God."] (a) 

§1433. By the first day in June in each year, and annually oathofven- 
thereafter, venders of any quantity of spirituous liquors less than qu<us less 
one gallon shall take and subscribe the foregoing oath, and upon ion. 
neglecting to do so they are subject to all the penalties of retailers 
without license. 

(a) Acts 1866, pp. 19, 20. 



280 n. 1. — TIT. 15. — Police Regulations, etc. 



Chapter 5. — Vendue JMasters and Auctioneers. 



§ 1484. Such licenses do not authorize the persons to whom is- 
s*ie of II- sued to retail at more than one phice in the County, which place 

Sn«»rs con- i -c T\'rr 

mni to one must bc Stated iu the license. Dilierent licenses are necessary for 

place, *' 

different places. 

§ 14o5. Said provisions do not apply to any corporation, town, 
Corporato q^. eitv which by charter has power to cirant licenses ; provided. 

towns in:iy •' » ^ ^ ^ ^ 1 ^ 

pnvnt license (]^(^ focs for liccuses are at least as much in said city as are re- 
quired by law in the County. 

§ 1430. A retailer of spirituous liquors shall not sell or furnish 
Retailer liquors, ill any quantity, to any person who is at the time intoxi- 

shall not soil 1 ' '' ^ . . 

to one who catcd or druuk ; and for violatin^^ this provision he shall not only 

IS drunk. ' o i %i 

be liable to all the penalties for retailing without a license, but 
he shall not recover by law for any spirituous liquors furnished to 
such person during the current year. 

§ 1437. The sale of such liquors in quantities less than one 
retailer? ^ quart make the seller a retailer. 



CHAPTER V. 

VENDUE MASTERS AND AUCTIONEERS. 

Sectiox. I Section. 

1438. Who may be vendue master. I 1439. Sale of stolen property. 

§ 1438. [Any citizen of Georgia shall have the right to exer- 
whomav ciso all the privileo;es, powers, and functions of a vendue master, 

be vendue . . . . 

master. or auctioneer, in any city or town in this State, by paying such 
license and giving such bond as may be demanded or required by 
the by-laws, rules, or ordinances of the town or city in which said 
person may wish to exercise the calling of a vendue master or 
auctioneer.] (a) 

§ 1439. [Any vendue master who may sell or dispose of any 

Sale of prop- horsG or mulc shall be held responsible to the purchaser for dam- 
ages, in the event that it bc shown and proven that the horse or 
mule so sold by him was stolen.] (a) 

(a) Acts of 18G5-6, p. 260. 



PT. 1.— TIT. 15.— Police Regulations, etc. 



Chapter 0. — EtttrayH. 



CIIArTEK VI. 



E^TK A Y », 



Section. 

1440. Who may take up ostrays. 

1441. Estrays — how disponed of. 

1442. Advertisement of estrays. 

1443. Sale of estrays. 

1444. May be sohl on freehold — wlicn. 

1445. Proceeds of sale— how disposed of. 



Skction. 

144G. Estrays— how reclaimed. 

1447. Trial of confliotinf? claim.s. 

1448. Expense of estrays. 

1440. I)ofaultof takor-up— how punished. 
1450. fcstonc horses may be gelded. 



§ 1440. Any person may, upon his own freehold, or the highway J^ho may 
thereto, or being in charge of one, and not elsewhere, take up all trays, 
estrays of animals of a domestic or useful nature, either for their 
labor or flesh. 

§ 1441. The taker-up shall, within five days, exhibit said ani- Estrays— 
mal to two freeholders of the militia district where taken up, who ed of. 
shall take down in writing a particular description of its marks, 
natural and artificial, brands, stature, age, and color, and annex 
thereto their appraisement of its value, which description and ap- 
praisement shall be, by the taker-up, within five days more, handed 
to the Clerk of the Inferior Court of the County. He shall, at 
the time of handing the same to said Clerk, make an affidavit be- 
fore him that the marks and brands of said estray are correct, and 
have not been altered or disfigured, to his knowledge, since he 
took it up. 

§ 1442. Such Clerk shall then copy said appraisement, descrip- 
tion, and afiidavit in the estray book, and advertise substantial 

^ '' praisements 

copies of the two first named at the door of the Court House for ^^ estrays. 
sixty days, at the place of holding Justice's Court of the district 
where taken up, and in the public gazette where the Sheriff of the 
County advertises his sales. 

§ 1443. If by the end of that time property is not proven and Estrays— 

•^ _ i 1 ./ i. ^ M-hen to be 

taken away, the Sheriff of the County shall advertise and sell said soi^. 
estray as he does property under execution, stating it to be an 
estray and its appraised value. 

§ 1444. If the property is not of sufficient value to pay the ex- ^i^^n an 

. . estray may 

penses of said proceedinp's, said Clerk may order it sold by the te sold 

^ r fe J^ J J the free! 

Sheriff, after ten days' notice, on the freehold where taken up ; 
but he shall make the advertisement in writing, and have one in- 
sertion made in such public gazette. 

§ 1445. The purchase money, after deducting all lawful ex- 



Clerk shall 
copy and ad- 
vertise ap- 



ou 
eehold. 



PT. 1. TIT. 15. — Police Regulations, etc. 



Chapter (>.— Estrays. 



Pr«oe**u of penses, shall bo paid to the Treasurer of the Educational Fund of 
tUspoeed ot the Countv. to be paid to the owner of the estraj, if property is 
proven therein within twelve months. 

§ l-l-tt). Property may be proven by an affidavit of ownership 

iiowanes- boforo tlic Clork of said Court, and the filing with him bond and 

nvi:iim\">ro.v security in double the appraised value, payable to the Justices of 

the owner. •^ t. . -. ' i- ^ 

the Inferior Court, conditioned to answer any demand thereon 
that may be proven against the obligor within two years. 

§ 1447. If more than one person claims said estray before de- 
c.^nfliotiiii: Hvery is made, or a counter affidavit to a claim is filed by any 

claims— how J ^ ... 

tried. person, an issue shall be made thereon and tried by a jury in the 

Inferior Court, with privilege of appeal. 

g 1448. [The taker-up of any estray shall be entitled to and 
Expenses rcccive such Compensation as shall be awarded and determined by 

—how deter- ^ . . , *^ 

mined. the freeholders before whom said estray may be exhibited as pro- 
vided in Section 1441 of this Code, and said freeholders are em- 
powered and required to award and determine such compensation 
as to them may seem reasonable and just from all the circum- 
stances in each case.] (a) 

§ 1449. The taker-up is liable to the County or the owner, as 
Penalty the casc may be, in five times the value of the estray; if after 

against tak- »/ 7 e/ ^ 

fluiT'i^n'^a*^' t^^i^o ^^ ^P ^^® ^'^^^^ ^^ havo it appraised and returned, or forth- 
praismg, etc. coming, according to law, providential causes only excepted, and 
if he appropriates it to his own use, and fails to pay said forfei- 
ture afcer demand in writing by the Clerk of the Inferior Court, 
he is guilty of a misdemeanor. Suit may also be brought either 
by the owner or County for the same. He is liable, in like man- 
ner for any damage caused by willful abuse or neglect of the ani- 
mal. 

§ 1450. If any stone horse above eighteen months old shall be 
stone found runuino: at laroje, it is lawful for any person to take him up 

horse.K run- 1 1 , • , /. , . t^ 

ningatiartre and tukc him bcforc the nearest Justice of the Peace, and by per- 

maybegcld- .... 7 . 

ed. ' mission of said Justice, may geld the same, taking care that it is 
done by a person competent to do so, and that the horse is prop- 
erly cared for afterwards; the expenses of which shall be paid by 
the owner. 

(a) Acts 18GG, p. 20. 



PT. 1.— TIT. 15.— Police Regulations, etc. 283 



Chapter 7.— Marks and Brands. 

C II APT Eli VII. 

MARKS AND BRANDS. 



Section. 

I'if)!. Record of marks and brands. 

1452. Recorded mark preferred. 

1453, Oldest record preferred. 



Skction. 

1454. Marking to bo done— by whom. 

1455, Chan^'o of recorded mark. 



§ 1451. All persons having marks and brands on cattle, or other Marks and 
property, in this State, shall have them recorded by the Clerk of bo recorded, 
the Inferior Court of the County where the owner resides, or, if a 
non-resident, where the property uses, in a book kept by him for 
that purpose. 

§ 1452. If property shall be in dispute between one whose |/7f;^','^r"of 
marks and brands are recorded, and one whose are not, both hav- ^^^],l^^'''lnd 
ing the same mark and brand, and such property is found in the corded. ^^' 
possession of him whose marks and brands are recorded, the party 
claiming can not get possession of the same, but must sue, and 
prove property and dama^ge. 

S 1453. When two or more persons have the same marks and oi'^^st rc- 

■•■ ... cord has pre- 

brands,and both are recorded, the prima facie right is with the Terence. 
older record. 

§ 1454. Marking and branding shall not take place, except by ^^^"^^^fjj^J^ 
or under the supervision of some competent person, on pain *^°^^- 
of forfeiting fifty dollars for each violation, to be recovered at the 
suit of the informer, who shall have one-half the recovery ; the violation. 
other half goes to the Educational Fund. 

§ 1455. Marks and brands once recorded shall not be chano-ed, Marks, etc., 

° ^ not to be 

SO as to be of any avail to the owner, without leave is first granted changed 

•^ , ' ^ -without 

by the Justices of the Inferior Court, and a minute made thereof, i^ave. 



CHAPTER VIII. 

ENCLOSURES AND FENCES 



Sectiox. 

1456. Requisites of a fence. 

1457. Of other enclosures. 

1458. Owners of stock — when liable. 



Section. 

1459. Stock may be killed — when. 

1460. Poisoning crops. 

1461. Water courses deemed fences. 



§ 1456. All fences or enclosures, commonly called worm fences, ^li-atisa 

, , , , lawful fence. 

shall be five feet high, with or without being staked and ridered, 



284 



PT. 1. — TIT. 15. — Police Regulations, etc. 



Chapter 8.— Enclosures and Fences. 



and from the ground to the height of three feet, the rails shall 
not bo more than four inches apart. All paling fences shall be 
five foot from the ground and the pales not more than two inches 
apart. 

§ 14oT. x\ny enclosure, made by means of a ditch or trench, 
Knoiosnres shall bo three feet wide and two feet deep, and if made of both 
etc, "*^^'*' fence and ditch, the latter shall be four feet wide, and the fence 
five feet high from the bottom of the ditch. 

§ 1458. If any trespass or damage shall be committed in any 
When owner enclosure, not beino; protected as aforesaid by the breakins; in of 

is liable f.>r ' ^ ^ . . 

trespass, etc. j^i;iy animal, the owner of such animal shall not be liable to an- 
swer for the trespass, and if the owner of the enclosure shall kill 
or injure such, in any manner, he is liable in three times the dam- 
age. 

§ 1459. When fences are made pursuant to law and any animal 

When own- "brcaks in, the owner of the enclosure shall not kill or injure him 

?rs (if cnclo- ' 'J 

JJ for the first breaking, and not until after notice is given to the 
owner or agent, if possible, but said last mentioned owner shall 
be liable for double the damage done by his stock. 

§1460. If stock is killed or injured from poisoning crops, or 
other poisoning upon the premise, the presumption is, that it was 
done by the person in possession and charge of the same. 

§ 1461. All water courses that are or have been navigable, as 
When wa- far as navio;ation has ever extended up said streams, shall be 

ter courees ^ _ ^ 

arc deemed decmcd and considered fences, whenever, by reason of freshets or 
otherwise, fences can not be kept on said streams, and shall be sub- 
ject to the rules applicable to other fences. 



e 

sures in 
kill stock 
for break in 
in. 



Poisonin 
crops. 



CHAPTER IX. 

FmiNG THE WOODS. 



Section". 

1462. Woods may Vjc fired— when, etc. 

1463. Notice must be given. 



Skction. 

1464. Penalty for firing without notice. 

1465. Woods catching fire by negligence. 



§ 1462. No person but a resident of the County where the firing 
When and is donc, owning lands therein, or domiciled thereon, outside of any 

by whom . 'in 

wooris may town incorporation, shall set on fire any woods, lands, or marshes; 

be fired. ^ ./ ' ' ^ 

nor shall such persons, except between the twentieth of February 
and the first of April, annually. 



PT. l.~TIT. 15.— Police Regulations, etc. 



285 



Chaplor 10.— Mills and Millers. 



^ 1403. AVhen such person shall desire to set fire within said ono flrim? 
time, he shall notify all persons wlio occupy lands adjoining him ^ive notice, 
by residence thereon, or cultivation, or enclosure of any portion 
of the tract or settlement, of the day and liour of the firing, at 
least one day prior thereto. Such notice need not bo given if, on 
a sudden emergency, due caution should require firing to render 
one's premises safe. 

§ 1464. Any person setting fire in violation of the two prece- Penalty for 
dino; Sections forfeits five hundred dollars, upon the suit of any without no- 
informer — the one-half to him, the other to the Educational Fund 
of the County — and is also liable for the actual damages any per- 
son may have sustained. 

§ 1465. Persons, either by themselves or agents, who permit ^^^^ ^feuklj 
fire to get into the woods, lands, or marshes, through neglect, are ^^nods catch, 
within the meaning of said Sections. 



CHAPTER X 



MILLS AND MILLERS. 



Section. 

1466, Grain — in what order ground. 

1467. Penalty for failure. 



Sectiox. 

1468. "Public mills" defined. 



§1466. All owners or occupants of mills shall well grind all Oram to bo 

■■■ " ^ ground in 

clean and dry grain, and in due turn, as far as ten bushels in the turn. 
turn, as the same may be brought, and may take for toll one- 
eighth part thereof. 

S1467. Every such person who shall not so grind, except in Penalty for 

•^ ■•■ _ CD ■> i. not grinding 

time of drought, or for other sufficient cause, or not in due turn, f^ccording to 

" ■' ^ -" turn. 

or take or exact more toll, shall forfeit and pay for each offense, 
to the party injured, twenty dollars ; provided such miller may do 
his own grinding first. 

§ 1468. All 2;rist mills which e^rind for toll for any person are what are 

IT -11 . f. 1 . n 1 . ^, public mills. 

public mills withm the meaning oi this Chapter. 



2SG 



PT. 1. — TIT. lo. — Police Reuulations, etc. 



Chapter 11.— Gunpowder. 



CHAPTER XI. 



GUNPOWDER. 



Skctiox. 

14oi^. Transportcil gunpowder, etc. 
1470. Ponalty for not marking. 



Section. 

1471. Keeping gunpowder, etc. 



§ 14G9. All owners, agents, or others who have any gunpow- 
ounpow- der, more than five pounds, transported upon water, raih'oad, or 
uiarkcd. othorwiso, shall have the word gimpoivder marked upon each pack- 
age so transported, in hxrge letters. 

§ 1470. Gunpowder transported in violation of said provision 
reinity shall be liable to seizure and forfeiture by any officer who may 

for traiispor- ... , c -i • i 

ting irun- cxecute a crnnmal warrant under warrant tor that purpose, issued 

IH)wcier con- rr i • i r» t tip 

trarytoiaw. by aiiy oiiicer who may issue such first named warrants — onediali 
of the same to go to the informer, the other half to go to the 
Military Fund of the State, after public sale, by order of the offi- 
cer issuing the warrant, or one of like power. 

§ 1471. The several incorporated towns or cities of this State, 
Rcguia- within their corporate limits, and the Justices of the Inferior 

tionsforkee- -^ ^ 

ping gun- Court withiu their respective Counties, out of said corporate lim- 
its have authority to make and enforce all needful rules and reg- 
ulations touching the keeping of gunpowder so as not to endan- 
ger the lives and property of the citizens. 



TITLE XVL 

REGULATIONS OF AGRICULTURE, TRADE, AND COMMERCE. 



CHAPTER I. 

BANKS AND BANKING. 



Article 1. — Bank Returns. 

Article 2. — OhUfjations and Penalties. 

Article 3. — Forfeiture of Charters and Liahility of Stockholders. 



PT. 1.— TIT. 16.— CHAP. 1.— AGiacuLTUiiE, Trade, etc. 287 

Arliclfi 1. — Jiank Returns. 



ARTICLE I. 



BANK U 1<: T U K N H . 



Section. 

1472. Bank returns— how made. 

1473. Contents of return.s. 

1474. Oath of officers shall he annexed. 



(Skction. 

1475. Expense of advcrtieinj?. 

I17G. Bniik refusinfc to make returns. 

1477. I'alse affidavit perjury. 



Contents 
of the re- 



§ 1472. It is the duty of the Governor, twice in each year, to Caii for 

1 . IT 1 bankrc-turn» 

advertise for at least two weeks in a public gazette at the seat of tou- adver- 

. •" . . . I i s e (I by 

Government a call upon every banking institution of this State, Oovemor. 
and branch thereof, to make returns to him, under the oaths of 
their several presidents and cashiers, of their respective condi- 
tions at a time to be specified in such advertisement, and to trans- 
mit the same to him within thirty days from said dates. 
§ 1473. Such returns shall embrace — - 

1. The names of the Presidents and Directors, and a list of the 
stockholders on the day of the regular weekly meeting of the Presi- turns' 
dent and Directors next preceding the date of his requisition. 
The list of stockholders may be given but once a year. 

2. The amount of stock owned by each individual or company, 
and the amount of money actually paid in on each share. 

3. The amount of bills on other banks of this State, of gold, 
silver, and bullion in their vaults. 

4. The amount of debts due them, within and without the 
State, so designating them, which may be denominated specie 
funds. 

5. The active or running paper, the amounts in suit under pro- 
test, and not in suit, clearly stating what amount of all such 
debts is good, what doubtful, what bad, and what lost. 

6. The amount of bills in circulation, the amount on deposit, 
and the highest amount due and owing by each bank. 

§1474. The original oaths aforesaid shall be annexed to said oaiiiofof- 
returns, stating them to be just and true, and moreover, that annexed to 
since the last return, their respective banks, to the best of affiants' 
knowledge and belief, have not violated nor evaded any obligation 
imposed by law, either by itself, its officer, or agents. 

§ 1475. The banks are required to publish their several reports Expense 
in some public gazette oi this btate, at their expense, and on sing— by 

n '^' T .,.■■. -, ..,, n 1 r^ whom paid. 

tailing to do so, within thirty days, it is the duty of the Governor 
to make public advertisement of the fact, and to order all coUec- 



288 PT. 1. — TIT. 16. — CHAP. 1. — Agriculture, Trade, etc. 



Article '3. — Oblis^'ations aud Penalties. 



tors of tlie public money to refuse to receive their bills. The 
Governor shall also publish the reports, the cost of which the 
dofaultiniT banks shall be bound for, as a tax levied, which shall 
bo collected by execution issued by the Comptroller General. 
§ 147G. Any bank refusing to make out and return said reports, 
Penalty for as required by law, forfeits and pays to the State a tax of two per 

not making ^ , i . . i in n 

return. ccnt. por mouth upon their capital stock, from the time of such 
refusal, to be levied and collected by execution at the end of each 
month, by the Comptroller General; the bills of said banks shall 
likewise not be received, as prescribed in preceding Section. 

§ 1-1:77. Perjury may be assigned on such affidavits, and the 
F.nise affi- name of a person signed thereto, authorized to administer an oath, 

davi; perju- 107 7 

^y- shall be evidence of the swearincr. 



ARTICLE 11. 



OBLIGATIONS AND PENALTIES 



r 



Section. 

1478. Prohibitions imposed on banks. 

1479. Qualification of Section. 

1480. Certain contracts void. 

1481. Violation of No. 3 Section 1478. 

1482. Violation of Nos. 4 and 5, Sec. 1478. 

1453. Proof prescribed. 

1454. Violating No. 6, Section 1478. 



Sectiox. 

1485. Violating No. 7 of Section 1478. 

148G. Obligations imposed on banks. 

1487. Violating No. 1 of Section 1486. 

1488. Proceedings for such violations. 

1489. Violating Nos. 2 and 3 of Sec. 1486. 

1490. The term Bank — what it includes. 



§ 1478. The banks of this State shall not — ■ 

1. Loan money, directly nor indirectly, on any note, bill, draft, 
Prohibi- or coutract of any sort, at a greater rate of interest than seven 

ed on banks. pQi- cent, per aunum. 

2. Discount or purchase any paper or debt at a greater discount 
than said rate. 

3. Sell any kind of exchange, except sight checks, or demand 
or receive for exchange, in or out of this State, of any citizen 
thereof, a greater premium than one per cent, upon the amount of 
exchange sold, when the bills of the bank from which the exchange 
is eought are presented at its counter in payment thereof. 

4. Issue paper or promises to pay, intended to be used as money, 
redeemable otherwise than with gold or silver coin, at the standard 
value thereof. 

5. Issue such paper, or pay, or tender in payment, any paper, 



PT. 1.— TIT. 16.— CHAP. 1.— AaiiicuLTURE, Tiiade, etc. 289 

Article 2. — Obligations and Penalties. 

payable at a greater length of time than three days from the date 
thereof. 

6. Issue, pay away, or circulate any bank bill, note, ticket, or 
paper, of the nature or appearance of a bank note meant for 
circulation, or of a denomination less than five doHar.s, with the 
exception that all solvent and specie paying banks may issue small 
bills of the denominations one, two, three, and four dollars, to an 
amount not exceeding twenty per cent, of their capital stock, to 
be computed as part of their circulation. 

7. Issue bills beyond the amount specified in their charter. 

§ 1479. Nothing in the foregoing shall be so construed as to Quaiifica- 
restrict the bank to said rate, in the sale or purchase of foreign bills, ceding sec- 
provided that the said foreign bill is a bona fide commercial bill, 
and not a loan or accommodation by the bank ; and that the ex- 
change is legitimate commercial exchange, and the transaction not 
in fact a loan or accommodation in which the law is attempted to 
be evaded by resorting to the form of a bill of exchange, foreign 
bill, or draft. 

§ 1480. Every contract, note, bill, draft, or paper made in vio- certain con- 
lation of the provisions of numbers 1 and 2 of Section 1478, and ^oid. 
of the next succeeding Section, are declared null and void. 

§1481. For a violation of number 3 of the same Section the Penalty for 

J, . 1 • 1 violatinsthe 

person paying the premium may recover three times the amount 3d item of 

„ , , I- ^ n /~^ ^ • Section 1473, 

01 the excess by a summary proceeding beiore any (Jourt having 
jurisdiction, on which judgment may be rendered at the first term. 
The suit may be either against the bank, its ofiicer, or agent : in 
either case the property and effects of the bank are subject to the 
judgment. 

§ 1482. For a violation of numbers 4 and 5 of Section 1478 Penalty for 

violating the 

the bank forfeits one thousand dollars for each bill or paper so is- ^'ii and 5th 

••■ ••• items of bee- 

sued, to be recovered by action at the suit of the informer — one- tionurs. 

half to go to him, the other half to the Educational Fund of the 

County where the recovery is had. 

§ 1488. The officer or agent who received the premium shall ap- Mode of 

• ^ L ^ ^ • r> i • t i - proof pre- 

pear without any process than the service of the writ, and bring scribed. 
his book having the original entry of the transaction, and give 
evidence in the case. If he fails to appear, the affidavit or testi- 
mony of the plaintiff shall be received. 

§ 1484. For the violation of number 6 of Section 1478 the bank 
forfeits five hundred dollars for each small bill so issued beyond 
19 



290 PT. 1.— TIT. 16.— CHAP. 1.— Auriculture, Trade, etc. 



Article 3. — Oblisi'ations and Penalties. 



Pensity for thc twcntj pci' cciit., 01* amoiint allowed by charter, to be recov- 
itoiii ofW- orod as ill cases of numbers 4 and 5, unless a different penalty is 

tionl47S. I J 

prescribed by charter. 
Penalty for R 1485. For the violation of number 7 of Section 1478 the bank 

TioIatincTth "^ 

uoniof Sec- gQ yiolatiufr forfcits its charter. 

§1486. The banks of this State shall — 

1. Pay specie for any of their bills, notes, drafts, or other obli- 
obiigations gations when due and demanded by the holder. 
banks. 2. Reccive their own bills, notes, certificates of deposit, or other 

evidence of debt, in payment of debts due them. 

3. Receive their own bills at par, whether issued or made pay- 
able at the parent bank or any of its branches, in settlement of 
debts or balances due either, and when notes or other obligations 
are discounted by any bank, and become transferred to another 
bank, they continue payable in the bills of the bank where dis- 
counted. 

§ 1487. For the violation of number 1 of Section 1486 the bank 
Penalty for shall pay, bcsides the le2;al interest, twenty-five per cent, dam- 

violatinir 1st r J •> ^ o ^^ j r 

item of ""Sec- ages, cach of which must be specified in the verdict and iud^ment, 

tionl486. ^ ' . . -^ J to ? 

and the execution issued thereon shall be collected in specie. 
§ 1488. The Governor shall also cause judicial proceedings to 
Proceeding bc instituted against such bank for the forfeiture of its charter, 
latioD. but the defaulting bank may, within five days after such demand 
and refusal, produce satisfactory evidence that there was an in- 
debtedness then due to said bank by the person demanding specie 
equal to the amount demanded, and the Governor may, in his dis- 
cretion, forbear or postpone the proceeding. 

§ 1489. For the violation of numbers 2 and 3 of Section 1486 
Penalty for the bank shall forfeit to the debtor twenty per cent, upon the 

violatintr 2d .,..,.„ 

and 3(1 items amouut to bc rccovc'red by special suitm his lavor, or m any other 

of Section "^ / • i i . p , 

14S6. form of litigation between them. The special deposit of the proper 

amount in another bank, or in the hands of a solvent stakeholder, 
with notice to the bank, is a payment. 

§ 1490. The term bank includes the parent bank, its branches, 
The xem ^f ^^J? ^^^^ agcncics, its officers of every description, and agents, 
cirnk's wba". in construing the violation of an obligation or the imposing a pen- 
alty for thc a,ct8 of whom the bank or branches, as the case may 
be, i^ boiind. 



PT. 1.--TIT. IG.-'CnAP. 1.— AaiucuLTUitE, Tuade, etc. 291 

Article 3.— Forfeiture of JJank Charters and Liability of Btockholders. 



ARTICLE III. 

FORFEITURE OF BANK CHARTERS AN[) LIABILITY OF STOCKHOLDERS. 



■Sectiok. 

1491. Bank charter forfeited— for what., 

1492. Proccodinf^s — how instituted. 
1493v, Duty of rcccivci-. 

1494. Compensation of receiver, etc. 

1495. Order of paying debts, etc. 

1496. Debts due insolvent banks. 



Siccrrox. 

1497. Stockholders may be sued— when. 
1408, Abatement of suit. 

1499. Assi^Timent by bank. 

1500. How set aside. 

1501. Want of assignee— how supplied. 

1502. Stockholder may transfer stock. 



§1491. Bank charters are subject to forfeiture for the same For what 
general grounds as those of other corporations, and also — may be'^for- 

1. For the violation of any of the provisions of their charters. 

2. For the violation of any obligation imposed by law, unless 
contrary to the contracts of their charters. 

3. Whenever it is demanded by special enactment. 

§ 1492. When the Q overnor is informed that a bank incurs the Proceod- 

ings — when 

penalty of a forfeiture, he shall cause the Attorney General to ^JJ^^J'T ^^' 
institute proceedings therefor in the County where the bank or 
parent bank is located, and in his discretion may employ assist- 
ant counsel to aid therein, and pay him out of any money not 
otherwise appropriated. If there is a verdict of forfeiture ren- 
dered on the trial, the Judge shall pronounce the judgment for Judgment, 
all purposes whatever, saving the use of its corporate name in 
collecting and paying its debts, and in conveying its real and 
personal estate, which power shall be exercised by a receiver ap- 
pointed by the Court for that purpose at that time, or any time, 
lapon the application of the prosecuting officer showing good 
cause. 

§ 1493. It is the duty of such receiver — 

1. To promptly collect the debts due said bank, and to con- Duty of re- 
vert the property into cash or available assets as soon as prac- 
ticable. 

2. To pay the creditors p7'o rata semi-annually, according to 
the dignity of their claims, unless there is sufficient to pay all. 

3. To pay the holders of the bills before other creditors, if 
they give notice of their claims within six months. 

4. To give notice to said bill holders and other creditors, by a 
three months' publication in some public gazette of the State. 

5. To make annual returns of his receipts and disbursements 
to the Judge of the Superior Court of the County, a.t the first 



I 



29:2 PT. 1.— TIT. 16. — CHAP. 1.— Agriculture, Trade, eiU 



Article 3. — Forfeiture of Bank Charters and Liability of Stockholders. 

term held ever}^ year ; to produce vouchers and swear to the re-^ 
turn, which shall he passed upon hy said Judge, and entered on 
the minutes hy the Clerk. 

6. To distrihute the assets, after paying all the debts of the 

corporation, among the stockholders in proportion to their stoet. 

§ 1494. On failure to comply substantially with any of the 

tionof^"d- '"^bove requirements, he forfeits his compensation. His compen- 

Ter, etc, satiou shall be the same as that allow^ed administrators ; but upon 

special application, the Court may allow, for good cause shown, 

additional compensation. 

§ 1495. If the bank is insolvent, the order of paying off the 
(»rdorof flebts shall be the same as is prescribed in cases of administra- 
uT insolvent ^Jq^, to the cxtcut applicable, except where special preference of 
postponement is given by law. 

§ 1496. Debtors are not, in such a case, allowed to pay their 
In what debts to the receiver in bills of the bank at their par value, un- 

fiuuls debts ^ -^ ' 

diiearetobe i(3gg accompauicd by an affidavit that they are the identical bills 
received from the bank by which the debt was created. 

§ 1497. If the assets of the bank are insufficient to pay all its 
When stock- lij^l^ilities, the receiver shall brins; suit against the stockholders 

holders are -' o o 

sueabie. jq j^jg q-^jj name for their unpaid stock to an amount which will 
be their proportion for the liquidation of all the debts ; and on 
his failure to do so, any creditor may use his name for that pur- 
pose. 

§ 1498. Suits do not abate by reason of a vacancy in the re- 

of^iSi^^^^ ceivership, but proceed on motion, and without any scire facias 
in the name of the new receiver. 

§ 1499. When a bank surrenders its charter, or the use thereof, 

b^^'bS^"* it may make, in good faith, an assignment of all its effects for 
the payment of its debts, as natural persons may, but it can not 
thereby prevent such preference among its creditors as the law 
gives. 

§ 1500. A creditor or stockholder may move, in six months, to 
ula Sd? ^^* ^^^^^^ ^^^^ assignment, by petition addressed to the Superior 
Court of the County where the bank is located, setting forth the 
grounds of complaint, which shall stand for trial before a special 
jury at the first term of the Court. If the assignee resides in the 
County, he must be served as in other cases ; if not, the leaving 
a copy at the banking-house shall be sufficient service. The ser- 
vice shall operate as an injunction until the judgment of the 



PT. 1. — TIT. 10. — AaiacuLTUKE, Tkade, etc. 



293 



Chapter 2. — NotaricH Public. 



€ourt. If the assignment is set aside, a receiver must be ap- 
pointed. 

§ 1501. A good assignm-ent shall not fail for the want of an as- ,,/^'^r«Se 
signce, but the Court, in vacation or terra time, may appoint a \l^•[^.,}'*^ ^^ 
receiver who shall execute the assignment. 

§ 1502. When a stockholder in any bank or other corporation j,'J'[^;!r'''hi 
is individually liable under the charter, and shall transfer his J-^^ay [j-ar'sfer 
stock, he shall be exempt from such liability, unless he receives ''''* ^^"'^^' 
a written notice from a creditor within six months after such 
transfer, of his intention to hold him liable ; provided, he shall 
give notice once a month, for six months, of such transfer, imme- 
diately thereafter, in two newspapers in or nearest the place 
where such institution shall keep its principal office. 



CHAPTER II 



NOTARIES PUBLIC 



Section. 

1503. By whom appointed. 

1504. Their oath of office. 

1505. Their term of office. 

1506. Their qualification. 



Section. 

1507. Their jurisdiction. 

1508. Their authority. 

1509. Must have a seal, etc. 



JTotaries 
Public — by 
whom ap- 
pointed. 



§ 1503. The power to appoint Notaries Public is vested in the 
Justices of the Inferior Court exclusively. 

§ 1504. Before entering on the duties of their office, they shall oath of 

IST o t ii r i 6 s 

take and subscribe before the Clerk of the Inferior Court the fol- Pabiic. 
lowing oath, which shall be entered on his minutes : 

[ I, , do solemnly swear, or affirm, that I will well and 

truly perform the duties of a Notary Public for the County of 

-, to the best of my ability ; and I further swear, or affirm, 

that I am not the holder of any public money belonging to the 
State, and unaccounted for. So help me God.] (a) 

§ 1505. They hold their offices for four years, revocable at any Their term 
time by said Justices, at the end of which time, if continued, ° 
they must be renewed on the minutes. The Clerk must issue to 
them certificates of their appointment and qualification, and keep 
.a register of their names. 



(8,) Acts of 1.863-4, p. 5a 



294 TT. 1. — TIT. 1(3. — Agriculture, TIxAde, etc. 



Chapter 3. — Notaries Public. 



\>-v^ Ana ? 1 ">0l>. A Notary must be twenty-one years old,, or an attorney 
charao!or of ^^ ].^^ ^^^\ ^f crQod uioral cliaracter. 

§1507. Their notarial acts can only be exercised in the County 
Whore thoir (>f ^\^q\y residence and appointment. Removal from the County 

Ivextrciseil y.^j,j^^(,g ^]^q officC. 

§ 1508. They have authority — 

1. To take the acknowledgments of all writings relating to* 
Authority commercc or navigation, and to witness such deeds and papers as- 

of Notaries. • ? i i 

they are permitted to by Jaw. 

2. To demand acceptance and payment of all commercial pa~ 
per, or paper entitled to days of grace, and to note and protest 
the same for non-acceptance or non-payment. 

3. To certify to all official acts when required, 

4. To administer oaths in all matters incident to them as com- 
mercial officers, and [all other oaths which are not by law re- 
quired to be administered by a particular officer.] (a) 

5. To exercise all other powers incumbent upon them by com- 
mercial usage or the laws of this State. 

§1509. For the authentication of tlieir notarial acts, each No- 
N'otai-iai tary must provide a seal of office, which shall kave for its impres- 
ister. sion his name, officially, and the name of the State and County 

for which he was appointed. After tbe first af January, 1863, a 
scrawl shall not be a sufficient notarial seal. [No seal is required 
to his attestation af deeds.] (a) He must keep a fair register of 
all his notarial acts signed by him, together witk the date of the 
transaction. 



CHAPTER IIL 

SHIPS A N B S E A M E, isr 



Article 1. — Pilotage, 
Article 2. — Seamen, 



(a) Acts of 1863r4,p. 50. 



PT. 1.— TIT. IC— CHAP. 3.— Agriculture, Tkadk, i:tc. 295 



Article 1. — Pilotage. 



ARTICLE I. 



PILOTAGE. 



Section. 

1510. Commissioners — liow appointed. 

1511. Thoir powers. 

1512. Pilot's oath and license. 

1513. His bond. 

1514. Forfeiture of license. 

1515. Commissioners' powers and duties. 
1510. License — non-user of. 

1517. Pilot's duty. 

1518. Master rejecting pilot. 

1519. Pilot bringing in vessel. 

1520. Pilot may have a substitute. 

1521. Notice to pilots. 

1522. Pilot must moor vessel. 

1523. His fees — payment of. 

1524. Carrying off or detaining pilots. 

1525. Fees of pilot boat in certain cases, 

1526. Letters— delivery of. 

1527. Pilot's fees in special cases. 

1528. Pilots in default— penalty. 

1529. Damages to — by whom settled. 



Section' 
1530. 
1531. 
1532. 
1533. 
1534. 
1535. 
1530. 
1537. 
1538. 
1539. 
1540. 
1541. 
1542. 
1543. 
1544. 
1545. 
1546. 
1547. 
1548. 



Record of rules must he kept. 
►Subject to inspection. 
Commis.sioncr.s' oflicc — whore kept. 
Compel attendance of witnesses. 
May punish defaulting witncssca. 
Witnesses may be cited. 
Subpoenas and interrogatories. 
Fees for serving and executing. 
Appeal — when allowed. 
Testimony after appeal. 
Fees, etc. — how disposed of. 
Pilots receive certificates — when. 
Branch pilots — how appointed. 
Penalty for discharging ballast, etc. 
Proceedings against master. 
Pilot failing to give notice. 
Incorporated towns — powers of. 
Suits — by whom brought. 
Present Commissioners continue. 



§ 1510. The corporate authorities of Savannah, Darien, Bruns- 
wick, and Saint Marys, shall have power respectively to appoint 
Commissioners of Pilotage, not exceeding seven in number, for 
each place, of whom a majority shall be a quorum, as follows — 
that is to say : The authorities of Savannah for the Bar of Tybee, 
and River Savannah, and the several bars and inlets north of 
Sapelo Bar ; the authorities of Darien for Sapelo Bar, and Biver 
Altamaha, and for the several bars and inlets south of Sapelo 
Bar as far as St. Simon's Bar ; the authorities of Brunswick for 
the Bar of St. Simons, and Turtle Biver, and the several bars 
and inlets north of the Great Satilla Biver ; and the authorities 
of St. Marys for the Bar of the Grfeat Satilla Biver, the Bar of 
St. Marys, and all bars and inlets between the two. All vacan- 
cies shall be filled by such corporate authorities respectively in 
the Board of Commissioners in which a vacancy shall occur, but 
no owner or part owner of a pilot boat shall be allowed to act as 
Commissioner of Pilotage. 

§ 1511. The said Commissioners are empowered to license such 
persons, being citizens of the United States, of good character, 
as they shall think most fit to act as pilots for the conducting of 
vessels inward to, and outward from, the several ports for which 
they shall be licensed, during their good behavior. Pilots already 



Commis- 
sioners of 
Pilotage — 
how ap- 
pointed. 



Powers of 
C m mi s - 
si oners of 
Piloti-uie. 



296 FT. 1.— TIT. IG. — CHAP. 3. — Agriculture, Trade, etc. 



Article 1. — Pilotaf^e. 



licensed for any of said ports shall continue to act until removed 
for cause. No person other than a duly licensed pilot shall be 
entitled to receive any fee, gratuity, or reward, for conducting or 
piloting any vessel inward to, or outward from, any of the ports 
or harbors for which a pilot shall be licensed. Any person so 
acting without authority, or interfering with or disturbing a li- 
censed pilot in the way of his duty, may, on conviction, be fined 
and imprisoned at the discretion of any Court having jurisdic- 
tion : but any person may assist a vessel in distress without a pi- 
lot on board, if such person shall deliver up the vessel to the first 
pilot who comes on board and ofi'ers to conduct it. 

§1512. The license to a pilot must be in the form of a certifi- 

Piiofsii- catc of his appointment, which must be signed by a majority of 

oath. the Commissioners, or by their chairman, by their direction, and 

each pilot, on receiving his license, shall take and subscribe an 

oath in the following form : 

*' I, A. B., appointed pilot for the port and harbor of , 

do swear that I will faithfully and according to the best of my 
ability, perform the duties of a pilot in and for the said port and 

harbor of , and will, at all times — wind, weather, and 

health, permitting — use my best endeavors to repair on board every 
vessel I shall see, and conceive to be bound for, coming into, or 
going out of the said port and harbor, unless I am well assured 
there is some other licensed pilot on board the same ; that I will, 
from time to time, make the best dispatch in my power to con- 
vey any vessel committed to my charge coming into or going out 
of said port and harbor, and will at all times well and truly 
observe, fulfill and follow, to the best of my skill and judgment, 
all such orders and directions as I may receive from the Commis- 
sioners of Pilotage in all matters and things relating to the duty 
of a pilot. 

§ 1513. Before receiving his license, the pilot must make and 
Pilot's bond, deliver to the Commissioners a bond payable to the Chairman of 
the Board, and his successor in office, in the penal sum of two 
thousand dollars, with security, to be approved by the Commis- 
sioners, and with condition faithfully to perform his duties as 
pilot, which bond shall be renewable at the discretion of the 
Commissioners, with such security or additional security as they 
may require. 

§ 1514. The Commissioners may deprive any pilot of his li- 



PT. 1.— TIT. IG.— CHAP, a.— AaiiicuLTUiii], Tuadjj, inc. 297 



Article 1. — Pilotage, 



cense for want of skillfulness, for a wllirul violation of his duties, rj';or: '= of 

pilot — liow 

or the orders or rcguhitions of the Commissioners ; for negli- forfeited, 
gently or carelessly losing or injuring any vessel in his charge; 
or when laboring under mental derangement, or when so addicted 
to habits of intoxication as to unfit him, in their judgment, to bo 
entrusted with the charge of a vessel; but in every such case an 
appeal may be had, as is hereinafter provided. 

§ 1515. The Commissioners shall have power, and it is their iv.ver 
duty, to prescribe rules and reerulations for the government of of cornmis- 

•^ ^ ••• . . Bioners as to 

pilots, and to prescribe the fees for their services, and they may pilotage. 
also impose such penalties for neglect of duty, not inconsistent 
with this law, as they may think proper ; but until altered by 
competent authority, the fees of pilots shall remain as now fixed 
by law. 

§ 1516. Any pilot who fails to act as pilot for three months, or License 

forfeited by 

absents himself for ten days at any one time without leave ot no7i- user 

, , , . and absence, 

the Commissioners, may be deprived of his license ; and any pilot 
who shall, with knowledge of the arrest of any vessel under civil 
process from any Court of Record of this State, conduct or pilot 
such vessel out of the port or harbor where such arrest is made, And for pi. 
and whilst such vessel is in charge of a civil officer, shall forfeit seis "^ under 
his license and be forever disqualified from acting as pilot, be- 
sides forfeiting such sum as a jury may assess for damages. 

§ 1517. Every pilot boat cruising, or standing out to sea, must Duty of 
offer the services of a pilot to the vessel nearest the bar, unless a 
vessel more distant be in distress, under penalty of fifty dollars 
for each and every neglect or refusal, either to approach the near- 
est vessel, or to aid her if required, or to aid any vessel in sight 
showing signals of distress ; and the Commissioners, or a majority 
of them, may, for such neglect or refusal, deprive the pilot of his 
license. 

§1518. Any person, master or commander of a ship or vessel Master re- 

•^ •*■ jecting pilot 

bearing toward any of the ports or harbors of this State, except ^t) pay ws 

. , . expenses. 

coasters in this State, and between the ports of this State and 
those of South Carolina, and between the ports of this State and 
those of Florida, and who refuses to receive a pilot on board, shall 
be liable, on his arrival in such port of this State, to pay the first 
pilot who may have offered his services outside the bar, and ex- 
hibited his license as a pilot, if demanded by the master, the full 
rates of pilotage established by law for such vessel. 



298 FT. 1. TIT. IG. — CHAP. 3. — Agriculture, Trade, etc. 



Article 1.— Pilotage. 



§ 1519. The pilot ^\\\o brings a vessel into port shall have the 
Pilot brinsr- exclusivo I'ii^jht to take her out, unless the master of such vessel 

ing In a ves- "- .p. o lT r-i •• i i 

s<^i has a shall prove, to the satistaction oi the (Jommissioners that such 
it^out. pilot misbehaved himself whilst in charge of the vesssel, or was, 
in the meantime, deprived of his license, or that such pilot had 
obtained the inward pilotage against the right of some other pi- 
lot first offering his services, and in any of these cases another 
pilot may be employed. 

§ 1520. Any pilot having the right to take a vessel out of port 

Pilot may may attend in person, or procure another person out of the pilot 

tute. ' ' boat to which he is attached to attend for him : and if any master 

or owner of any vessel in port employ any other pilot to carry his 

vessel down the river, or to sea, but the pilot who brought her in, 

or one belonging to the same boat, unless good and sufficient cause 

shall appear therefor, on due proof thereof before the Commis- 

Pcnaity sioucrs. he shall be liable to a fine not exceeding one hundred dol- 

b&mlnst ivias- - ^ 

ter for em- \^ys — ouc-half to the pilot lawfullv claiming the pilotage of the 

ploying an- ^ "^ o i o 

other pilot, yesscl ; but should such pilot neglect or refuse to attend, and 
carry down such vessel when ready for sea (wind, weather, and 
tide permitting) when thereunto required by the master, owner, or 
Penalty cousignce, such pilot shall, on conviction thereof before the Board 
forTotgoin? of Commissioncrs, forfeit the upper pilotage of such vessel, and 
seL be liable to a fine not exceeding one hundred dollars, and any pi- 

lot acting on board such vessel when he has no right shall be lia- 
Pcnaity blc to the sauic penalty, and shall, moreover, be liable to the pilot 

for piloting' ,., i o - i • ^ 

w 1 1 h u t having the right for carrying the same vessel out ; provided, the 
Commissioners have not sufficient evidence of the necessity of his 
acting. 

§1521. The master of a vessel in readiness to leave must, if 

Pilot 



^^^.^^J^^e practicable, give notice to the pilot entitled to conduct the vessel 

vessel 
parture. 



*rs de- out, of his intention to leave, or to some other pilot belonging to 
the same boat ; provided, such pilot be at the place of departure 
of such vessel, or near thereto. 

§ 1522. Every pilot in any of the harbors aforesaid bringing 
Pilot mnst any vessel to anchor in any of said harbors, shall moor such ves- 

ifxir vessel. . t • f» 

sel, or give proper directions for the mooring of the same, and the 
safe riding thereof, subject only to the legal harbor regulations of 
each port. 

§ 1523. A pilot bringing a vessel into port shall be entitled to 
his fees before her departure from port — to be paid in advance, or 



PT. 1.— TIT. IG.— CHAP. 3.— Auiiicur.TCRi-:, Thade, etc. 299 

Article 1. — Pilotage. 



security given for the payment; and on failure thereof ho may pnofufec* 
refuse to carry the vessel out, and all fees for pilotage may be de- before vfel»<:i 
manded and recovered, in any Court having jurisdiction, from the 
owner, master, or consignee of the vessel ; and if any licensed pi- 
lot shall ask or demand more fees for his services than are specified 
in the rates of pilotage, on due proof thereof before the Commis- 
sioners, he shall forfeit double the amount of such vessel's pilot- 
age. 

§ 1524. The owner, master, or consignee of any vessel carryinf' penalty for 

■^ . ' . . J n carryirif,' off 

off any pilot of such vessel, and against his consent, to any port, <>^ 'lotaiaiD^' 
either foreign or on the coast, shall be liable to such pilot, in an 
action on the case, for the payment of all reasonable expenses, 
and for the further sum of not exceeding three dollars a day, dur- 
ing the necessary absence of the pilot; provided, the carrying 
away of such pilot be not owing to any default, misconduct, or 
negligence on his part ; and the master of a vessel detaining a pi- 
lot on board his vessel, the wind and weather permitting him to 
go to sea, shall be liable to pay such pilot three dollars a day for 
every day he is so detained. 

§ 1525. When any pilot boat belongino; to a different pilot than Foes of pi- 

1 , 1 -, 1 ? 1 1 . lot^ boat for 

the one who may have conducted a vessel out to sea takes such pi- taking piiot 

"^ ^ from vessel. 

lot off from such vessel, such pilot boat shall be entitled to one- 
third of the pilotage. 

§1526. Whenever a vessel shall touch off the Bar of Tybee for pilot's fees 

• • for dclivGr* 

instructions, any pilot delivering on board such vessel any letters irg letters, 

or orders shall be allowed full Bar or Cockspur pilotage in and 

out. 

§1527. Any pilot belonging to any port in this State, meeting pnofsfees 
at sea with any vessel bound to another port within the same, ?/ssei7ifaS 
shall, if capable and thereunto required, take charge of and pi- ^^ ^^ ^^^^' 
lot such vessel into such port, and shall be paid two dollars per 
day for every day such pilot may be on board such vessel at 
sea, without the bars, over and above the usual rate of pilotage, 
and no other pilot shall interfere while the former is willing to 
continue his services. 

§ 1528. If any vessel whatsoever, or the cargo or freight Defanit of 
thereof, shall receive any damage or miscarriage, or be lost, punlsiTed.'^^ 
through the negligence or default of any pilot, after such pilot 
takes charge of the same, and the claim exceeds one hundred dol- 
lars, the said pilot shall, in such case, on conviction thereof before 



300 PT. 1. — TIT. 16. — CHAP. 3. — Agriculture, Trade, etc. 

Article 1. — Pilotas:rc. 



anv Court of Record in this State, be obliged to answer and make 
good to the sufferers, or the master of said vessel, all and every 
the diuna*^es which he shall sustain thereby. 

§ loi!9. All other cases of damage or difference that may arise 

Other cHsos or bc made ai]i:ainst any master or pilot, for or concerninc; the pi- 

toWsotticii lotaae ot any vessel, or any other matter relative to the business 

by cVmuiiis- ° •^ / *' ^ 

feioners, qj. ^arc of a pilot, in any of said harbors, shall be heard and de- 
termined by the Commissioners, or a majority of them, appointed 
for the care of the pilotage where such damage or dispute shall 
arise, who, by their decree or order, shall lawfully decide and reg- 
ulate every such damage or difference, and who shall have power 
to enforce such decree or order by execution or warrant of dis- 
tress under their hands and seals, or the hands and seals of any 
three of them, directed to any Sheriff or Constable of the County 
where such execution issues, commanding the sale of the offender's 
goods, or so much thereof as shall be sufficient to satisfy such 
execution or warrant, and all sales thereunder shall be conforma- 
ble to the laws of the State in other cases of sale ; and such 
Sheriff or Constable shall be liable to be ruled before the Judge 
of the Superior Court as in other cases, in term time or vacation, 
for any default in duly executing such process ; but in case of a 
sentence or judgment for more than twenty dollars, an appeal 
may be had, as is hereinafter provided. 

§ 1530. The Commissioners shall preserve, in a neatly bound 
Commis- book, a rocord of all their acts, and of the rules and regulations 

elonersmust . _ 

keej. a re- adoptcd by tlicm' for the direction and government of the pilots* 

cord of rules, . tor? 

^^c. but in the city of Savannah such rules and regulations shall not 

be operative until approved by the City Council. They must de- 
signate one of their number as Chairman, and cause a record 
thereof to be made, and prescribe such fees for the service of the 
pilots, and impose such fines and penalties not inconsistent with 
the provisions of this Chapter, as they may deem expedient. They 
must also preserve upon record a list of all persons appointed pi- 
lots by them, as well as those by them suspended. 

§ 1531. All persons interested shall have access to, and be per- 

Fc-esof Sec- mittcd to havo, copies of the records ; and copies thereof certified 
by the Chairman or Secretary shall be presumptive evidence of 
the facts therein stated. The Secretary of the Commissioners 
shall have such salary or fees as the Commissioners may deter- 
mine, and such salary or fees shall be paid out of fines and for- 



PT. 1.— TIT. IG.-^CIIAr. 8.— A(iJxic(JLTL'UK, Tuadk, etc. 801 

Article 1. — Pilotage. 

feitures, or such other fund as shall be under the control of the 
Commissioners. 

§ 1532. The office of the Commissioners must be kept in some omce 

1111 • II' ""'^ rc.c/iMii 

suitable place, or which the public shall have notice, and their <>r commis- 
books, papers, and records, may be kept in such office, or m the 
office of any Court of Record in the County. 

§ 1533. When the attendance of any pcrnon shall be required Commis- 

*^ . sloncrs may 

as a witness before the Commissioners of Pilotac^e in any matter comH at- 

^ ^ tendance of 

or claim of which tbey shall have jurisdiction, it shall be the witnesses. 
duty of their Secretary, on application, to issue summonses in the 
nature of writs of subpoena, to be signed by him and directed to 
the persons whose attendance shall be required, when such per- 
sons reside in the County where such matter or claim may be de- 
pending. The summons shall express the cause and the party 
at whose suit it shall be issued, and shall be served on such wit- 
nesses at least twenty-four hours before the meeting of the Com- 
missioners to which it shall be returnable, and it shall be served 
by the messenger of such Commissioners, or a Constable, and the 
return of such officer shall be evidence of the service of the subpoena. 

§ 1534. Any witness thus summoned, whose testimony shall May pun- 
appear to be material, and who shall fail to appear, may be at- ing witness- 
tached by the Commissioners, and the attachment shall be di- 
rected to a Sheriff or Constable, and made returnable to the next 
Superior or Inferior Court of the County ; and such Court may 
fine such witness in a sum not exceeding one hundred dollars, un- 
less a good excuse be made to the Judge of said Court, but such 
witness shall nevertheless be liable to action at the suit of the 
party injured by such non-attendance. 

§ 1535. When any witness may be a seaman or transient per- May cite 

,T /-H ' • • 1 1 . 1 "witnesses to 

SOU) the Commissioners may issue subpoena to such witness by answer in- 

i.o, .. •,. . terroga- 

their Secretary, requiring such witness to appear at a time and tones. 
place therein stated before any Justice of the Peace, or of the 
Inferior Court of the County, to answer written interrogatories to 
be propounded to him. 

§1536. The subpoena must be served twenty -four hours before service of 
it is returnable, and notice for the same length of time must be etc. 
given to the adverse party, or attorney, agent, or consignee, of the 
time and place of putting such interrogatories. The officer tak- 
ing the depositions shall seal up and properly endorse and return 
such depositions, which may be offered by consent or by order of the 



SOii FT. 1.— TIT. 16.— CHAP. 3.— Auriculture, Trade, etc. 



Article 1. — Pilotage. 



Commissioners, and shall stand in the place of the oral examination 
of such ^Yitncss, when his personal attendance can not be procured. 
§ 1537. The Secretary's fees for each subpoena shall be twenty- 
Foes for five cents ; for each attachment fifty cents ; for examining a wit- 
iHvn.isrctc, ncss the Justice of the Peace shall receive one dollar ; the Sheriff 
or Constable, for serving any subpoena, shall receive twenty-five 
cents, and for executing and returning an attachment to Court, 
fifty cents. 

§ 1538. In any case where a pilot shall be suspended, or where 
Apponi from a fine excecdino; the sum of twenty dollars shall be imposed by 

jutlirment of ^ , . . . 

Com in is- ^nv uidfi-ment or decision of the Board of Commissioners, or where 

sioners, etc. ^ i> o > 

the license or warrant of a pilot shall be revoked, then the person 
so fined, or the pilot so suspended, or whose license or warrant 
shall be revoked, may petition the Judge of the Superior Court 
of the County where such judgment or sentence may be made, 
setting forth, on oath, the circumstances of the case, a copy of 
wdiich petition shall be served on the actmg Chairman or Secre- 
tary of such Board at least three days before the return of any 
rule thereon ; and if, on reading such petition, the Judge shall 
think there is sufficient ground for the allowance of an appeal, he 
shall therein direct an issue to be made up between such Commis- 
sioners and the appellant, which Jssue shall be tried by a special 
jury, as in other appeal cases, at the next term of the Superior 
Court, unless good cause be shown for a continuance ; and if, upon 
such trial, a verdict shall be rendered in favor of the appellant, 
the said Judge shall make a rule remitting such fine, or restoring the 
suspended pilot, or the pilot whose warrant or license may have 
been revoked as aforesaid. 

§ 1539. In the case of an appeal, as aforesaid, commissions 
commis- may issue to take the depositions of any person not a resident of 

Bioners to "^ ^ *^ ^ 

take tosti- the County, or whose oral testimony can not be conveniently had, 

tnony^ etc. . ./ ' 

as in other cases, before such Superior Court, but no such com- 
missions shall issue but upon three days' notice to the opposite 
party, by service of a copy of the interrogatories to be exhibited 
as in other cases. 

§ 1540. All fines and forfeitures collected by the Commissioners 

fo?"furcS^ shall be applied toward payment of the ordinary expenses of the 

eHf.^'''^"^* Board, and the residue shall be expended by the Commissioners 

toward improving the navigation of the port or harbor where such 

fines and forfeitures are inflicted. 



PT. 1.— TIT. lO.-OIIAr. 3.— AoTiicuLTUKK, Trade, etc. 303 



Article 1. — Pilotage. 



§ 1541. No person shall receive a certificate to act as pilot until i'iiot»-- 
■"• _ whf.n to ni- 

ne shall have served two full years in a decked boat, and have «'iv<j'>-rtifl- 

given satisfactory evidence of character and skill ; and every cer- 
tified pilot shall serve eighteen months before he shall be entitled 
to an increased authority ; but, in case of emergency, such addi- 
tional pilots may be appointed as the Mayor or other chief officer 
of the port may determine — the foregoing restrictions to the con- 
trary notwithstanding. 

§ 1542. All branch pilots must be appointed by the Commis- Branch ia- 

"^ ^ , lots— h ovf 

sioners, and whenever a vacancy occurs in a branch, the person arp'^intci. 
who has served the longest time as an apprentice must, if deemed 
competent by the Commissioners, be appointed to the vacancy ; 
but no person can hold a branch who is not engaged in pilotage. 

§ 1543. If any master of a vessel, or water-craft of any descrip- Penalty for 

'^ . ^1 discharg- 

tion, shall throw, or permit to be thrown from on board such ves- i"?, baiiast 

' ^ i in harbor. 

sel or water-craft, into any of the waters of any bay or harbor of 
this State, or within three miles of the outside bar of any such 
bay or harbor, any stone, gravel, or other ballast, he shall forfeit 
a sum not less than five hundred nor more than two thousand dol- 
lars for any such offense, and may be imprisoned not exceeding 
three months, at the discretion of the Court — one half the for- 
feiture to be paid to any one first giving information of the of- 
fense to the Commissioners, and the other half to the use of the 
Commissioners of said harbors respectively, for improvement of 
navigation. 

§ 1544. Upon the Commissioners receiving satisfactory evidence Proceeding 
of the offense specified in the precedino; Section, it shall be their ing preced- 

^ 1 p J ins Section. 

duty to proceed to recover such forfeiture by process of attach- 
ment, in the name of the State, which may be issued, as other at- 
tachments, on the oath of the informer, or of one of the Commis- 
sioners, and be levied oh the vessel from which the offense w^as 
committed. The vessel may be replevied by the master, owner, 
or consignee, by giving bond, payable to the State, in double the 
amount of the penalty, with the condition to have the vessel forth- 
coming to satisfy such judgment as may be rendered in the 
suit. 

§ 1545. It shall be the duty of every pilot, having knowledge Penaitr 
of the commission of the offense specified in the two preceding for conceai- 
Sections, to give, as soon as practicable thereafter, information fense, 
thereof to the Commissioners ; and, failing to do so, such pilot 



304 PT. 1.— TIT. li). — CHAP. 8. — Agiucultitre, Trade, etc. 



Article 1.— rilotao-c. 



shall be deprived of his license, and be thereafter forever disqual- 
ified for the office of pilot. 

§ 154(.). The City Council of Savannah shall have authority to 

inoorpora- prohibit, uudcr proper penalties, the throwing or depositing in 

uiky prv'hib- the Savannah lliver, and within the jurisdictional limits of said 

chanre of citv, of anv substancc of any nature or kind which miojht, in any 

k-Uhust in na- •^ ' ^ '^ i i i p • • -, • 

vipiMo wa- degree, lessen the depth oi water m said river, or any part 
thereof, within said limits ; and the same authority is hereby 
vested in the corporate authorities of the other towns respectively, 
as to navigable waters within their respective jurisdictions. 

§ 1547. The same Boards of Commissioners are hereby author- 
suits in ized, in their own names, or in that of their Chairman, respect- 

the n a ni e , . 

of coiumis- ively, as such, to sue lor and recover, to their own use and the 
improvement of navigation, any forfeiture which may accrue un- 
der this Chapter which is not otherwise specifically appropriated. 
§ 1548. All existing appointments of Commissioners of Pilot- 
Prospnt ao;e, and of officers under the same, as well as their rules and 

Comuiis-^. . . 

sioners etc., resTulations not contrary to law at the time of the adoption of 

tostand*^ . . . 

good. this Code, shall continue good and valid in law, according to 

their nature and terms, until superseded by authority of this 
Code. 



ARTICLE II. 



seamen. 



Section. 

1549. Defaulting seamen— how punished. 

1550. Proceedings against deserters. 

1551. Seamen not to be credited. 

1552. Sale of liquors to seamen. 

1553. Certificate of discharge. 

1554. Shipping an articled seamen. 



Section. 

1555. Penalty for such shipping, etc. 

1556. Boarding vessel to abduct seamen. 

1557. Abducting seamen. 

1558. Harboring deserted seamen. 

1559. Illegal arrest of seamen. 



§ 1549. Any seaman having entered or shipped himself on 
Denaity board any vessel within this State, or which shall come to the 

against sea- "^ ^ ' 

men absent- gamc, and haviuff sin;ned a contract with the master or commander 

log them- 7 o o 

selves, thereof to proceed upon any voyage therein mentioned, who shall 
absent himself from any such ship or vessel for twenty-four hours 
without leave of said master or commander, or other chief officer 
having command of such vessel, or who shall neglect or refuse to 
perform his duty on board the same, or refuse to proceed on the 



PT. 1.— TIT. IG.— CHAP. 3.— Agkiculture, Trade, etc. 305 



Article 2. — Seamen. 



voyage mentioned in such contract, may be apprehended on war- 
rant from any Justice of the Peace within his jurisdiction, upon 
application being made to him by such master or commander un- 
der oath, and upon proof of such absence without leave, or of 
such neglect or refusal as aforesaid, he may be committed to jail, 
or other secure place, for any time not exceeding thirty days, or 
until the sailing of such vessel, and the charge of apprehending, 
committing, and maintaining such seaman during his confinement • 
as aforesaid, shall be paid by the complainant, and by him be 
deducted out of the wages due, or to be due, such seaman ; but 
no seaman shall be received by the jailer until security shall 
have been given for the maintenance! and jail fees of such sea- 
man. * 

§ 1550. The Judsje of the Superior Court, or Judc^e of any Proceed- 

. ^ T n • n • ^"-^ against 

City Court, or a Justice of the Inferior Court, or Justice of the seamen and 

•^ _ , apprentices. 

Peace of the County, or any similar officer of any seaport or 
County, on oath made before him that an articled seaman or ap- 
prentice has deserted or absconded from a vessel, describing said 
seaman and vessel, and that he is harbored or secreted by some 
person (describing him) in a certain place (describing it), may 
issue his warrant, directed to any lawful officer of the County, 
authorizing a search for and seizure of such person in the place 
designated, and to fully execute such warrant. Any person re- 
sisting such search or seizure may be fined and imprisoned at the 
discretion of any Court having jurisdiction. 

§ 1551. It shall not be lawful for any person to give credit to credit not 

*'•'•_ ^ ^ to be given 

any seaman belonging to any vessel within this State, having to seamen. 
signed any contract to proceed therein, for any sum exceeding 
one dollar, except by leave of the master or commander of such 
vessel, on pain of forfeiture of the moneys or goods so credited. 

§ 1552. It shall not be lawful for any keeper of a tavern or Entertain- 

T , -1 ,,.... . . ins or furn- 

tipplmg house, or any other person selling intoxicating or spiritu- isMng sea- 
ous liquors, to sell any such liquors to any seaman belonffino; to spirituous ii- 
any vessel, and who may have signed any contract, to the amount ^ibited. 
of more than thirty cents in any one day, or to entertain or suf- 
fer any such seamen to drink in such tavern or tippling house, 
or furnish such seamen with liquor after the hour of nine o'clock 
at night, unless with the consent of the master or commander of 
such vessel ; and any person offending against any of these pro- 
visions may, on conviction, be fined in a sum not exceeding fifty 
20 



306 FT. 1. TIT. U>. — CIIAP. S. — AarvTOULTTTRE, Trade, eto. 



Article 3.— Scamcii. 



dollars, or bo imprisoned in the common jail for not more than 
thirty days. 

^ 1553. Any seaman whose contract with any master or com- 
Se*mon raander of any vessel within the State, for the performance of 
niam\ cortif- anv voyage therein spociiied shall be determined, may demand 
ciiargo. from hnn a certihcate thereoi, and oi his discharge, and on reia- 
sing to give such certificate, without just cause, any two Justices 
of the Peace, upon due application and proof thereof, may give 
the same, which shall be of equal force as if given by such mas- 
ter or commander, who shall be liable, civilly, to pay one dollar 
for such certificate so given b}^ such Justices, and shall, moreover, 
on conviction before any Court of competent jurisdiction, be lia- 
ble to a fine of fifty dollars for such refusal. 

§ 1554. No master or commander of any vessel, or other per- 
niring. re- son withiu this State, shall hire, receive, entertain, or ship, any 

reiving, on- . ' ' ' , ' i •> J 

tertaining scamau belonffiuff to and pretending to be dischars^ed from any 

or shipping Q iD f ^ t) ^ io J 

sMiuen pro^- vessel, without a certificate of discharsie beinff in possession of 
such seaman, under the penalty of fifty dollars for every such 
ofi'ense ; and the same penalty may be inflicted on any person 
keeping or attending any ferry within this State, who shall will- 
ingly transport, or suffer to be transported over such ferry, any 
fugitive seaman not having a certificate of discharge as afore- 
said. 

§ 1555. If any sailor boarding-house keeper, a runner, or ship- 

Penaity for ping mastcr, or other person, shall hire, receive, or ent?ertain, or 

ceiving, or ship, any seaman belon2;ing to or pretending to be discharged 

entertaining n J & & r & o 

traJ"^to?aw ^^^"^ ^^7 vosscl, without a Certificate of discharge being in pos- 
session of said seaman, or shall aid or be concerned in any man- 
ner in the shipping, or offering to ship, such seaman, the person 
thus offending shall be fined and imprisoned at the discretion of 
the Court. Any order given by such seaman for advance wages 
shall be void. 

§ 1556. If any person shall board any vessel in any port or 
Boaniincr harbor, or on any of the w^aters of this State, with intent to in- 

vesscl for , _ '' 

the I'J>[:p';Sj,« veigle, entice, convey away, abduct, with or without violence, or 
^uniThcd' ^ secretly carry off, any articled seaman or apprentice from such 
vessel, or shall afford any conveyance or facility to such seaman 
or apprentice to leave such vessel, such person so offending shall 
be liable to indictment, and, on conviction, shall be fined or im- 
prisoned, or both, at the discretion of the Court. 



PT. 1.— TIT. 16.— CHAP. 3.— AoKiCLLTUKE, Trade, etc. 307 

Article 2. — Seamen. 

§ 1557. If any person shall aid any articled seaman or apprcn- Aiding 
tice to desert from his vessel while within the waters of this State, apprcriU^-H 

' to <-hC.'lp« — 

or shall inveigle, entice, convey away, abduct, or carry, with or \^^^, i-'^"- 
without violence, or secretly carry off, any articled seaman or ap- 
prentice from any such vessel, such person so offending shall he 
liable to indictment, and, on conviction, shall be liable to fine or 
imprisonment, or both, at the discretion of the Court. 

§ 1558. If any person shall harbor, secrete, entertain, lodf>;e, iiaibonnj,' 
or keep, or shall, directly or indirectly, suffer to be harbored, se- apprentiofcs. 
creted, entertained, lodged, or kept, in or about his house or 
premises, any articled seaman or apprentice, knowing such sea- 
man or apprentice to have deserted from his vessel, such person 
shall be liable to indictment, and, on conviction, be fined in a 
sum of not more than five hundred dollars, or imprisoned, or both 
fined and imprisoned, at the discretion of the Court. 

§ 1559. The law in respect to the vexatious arrest and deten- vexations 

o 1 • 1 r» • -1 1 • • •''•'■'■^st and 

tion 01 seamen, and to summary trial or causes, civil and crimi- detention of 

*^ , , seamen. 

nal, in which seamen and the captains and consignees of vessels 
may be concerned, shall be as is provided in this Code ; but if 
any provision in this Code contained shall conflict with the Code Code. 
of the City of Savannah, appended hereunto, the said Code of 
Savannah shall prevail within the corporate limits of said city. 



CHAPTER IV. 

INSPECTION. 



Article 1. — Flour ^ Corn Meal, and Grain, 
Article 2. — Wood, Turpentine, Timber, etc. 



ARTICLE I. 

FLOUR, CORN MEAL, AND GRAIN, 



Section. 

1560. Inspectors — by whom appointed. 

1561. Bolted flour shall be merchantable. 

1562. Flour barrels — dimensions, etc. 

1563. Flour shall be inspected — when. 

1564. Fraudulently packing flo*w% 



Section. 

1565. Inspector can not purchase. 

1566. Selling without inspection. 

1567. Inspector's oath. 

1568. Corn meal, corn, and other grain. 



308 FT. 1.— TIT. K).— CHAP. 4.— Agriculture, Trade, etc. 



Article 1. — Flour. Corn Meal, niul Grain, 



§15G0. The Inferior Courts in the several Counties of this 
Inspectors State shiill havc power to appoint, annually, one person of good 

— bv whom . ^ ^ • .^ ' • r-t - i 

api>ointoa. repute to be inspector oi nour in their respective Counties, but 
the same power may be exercised exclusively in any corporate 
towns within their corporate limits ; vacancies in such office of in- 
spector may be filled by the appointing power as soon as may be 
after the happening of any vacancy. 

§ 1561. All bolted wheat flour, and every cask thereof, brought 

BoUoti flour to the places aforesaid for sale, shall be made, by the miller or man- 

s b a 1 1 bo ^ • 

merchau- ufacturcr tlicrcof, merchantable and of due fineness, and without 

table. ' 

mixture of coarse flour, or the flour of any other grain than 
wheat. 

§ 1562. All flour barrels packed for sale shall be well made, and 

Flour bar- of good material, twenty-seven inches in length, tightened with 

made and ^t Icast tcu hoops, and Sufficiently nailed, with the tare plainly 

SiS'^ ^^^ marked on the head thereof, and every miller or bolter shall put 

into a barrel the full quantity of 196 pounds of flour, and shall 

put into every half barrel the quantity of 98 pounds of flour, and 

on failure thereof shall forfeit and pay the sum of four dollars 

for each barrel or bag, to be recovered by any informer before 

any Justice having jurisdiction thereof — one-half thereof to go 

to the informer and the other half to the County or corporation 

having the appointment of inspector. 

§ 1563. All barrels, half barrels, and bags of flour brought tO' 
■ Flour shall any place of inspection for sale shall be submitted to the view 
ted for in- and examination of the inspector, who shall expeditiously inspect 
—when. the same by boring into the barrel, half barrel, or bag, from head 
to head, or end to end, with an instrument of not more than three- 
fourths of an inch in diameter, to be by him provided for that pur- 
pose, and if he shall judge the same well packed and merchanta- 
ble, he shall plug the hole and brand the barrel, half barrel, or 
bag with the name of the place at which he shall be inspector, 
with a public brand, or mark, to be by him provided for that 
purpose, and approved by the Inferior Court, City Council, or 
corporation, as the case may be, and shall also mark the degree of 
fineness which he shall determine the flour to be on inspection, 
which degrees shall be distinguished as follows: "Extra Family," 
"Superfine," "Fine," "Middling," "First," or "Second," for 

Fees for which troublc the inspector shall receive from the owner or con- 
in tpectioD, . , 

signee at the rate oi five cents per barrel. 



PT. 1.— TIT. 16.— CHAP. 4.— Agriculture, Tkadk, etc. 809 
Article 1.— Flour, Cora Meal, and Grain. 



§ 1564. If any person shall pack flour in an oW barrel which Fraarju- 
may have been marked and branded as aforesaid, and which shall ingiiour. 
still have the brand of the inspector thereon, or shall otherwise 
fraudulently pack flour for sale, such person or persons shall for- 
feit and pay the sum of twenty dollars for every barrel so packed, 
to be recovered by any informer before any Justice of the Peace, 
or other Court having jurisdiction thereof — one-half of such pen- 
alty to go to the informer, and the other half to the miller or man- 
ufacturer injured by such false packing. 

§ 1565. No inspector shall be permitted, directly or indirectly, inspector 
to purchase any flour by him condemned as unmerchantable, or chase except 

" ^ '^ n ^ • c 't for liifj owa 

any other flour whatever, other than for his own or family use and use. 
consumption, under the penalty of thirty dollars for every barrel 
by him purchased, to be recovered by any informer before any 
Justice of the Peace, or other Court having jurisdiction — one-half 
of which shall belong to the informer, and the other half to the 
County or corporation having the appointment of the inspector. 

§ 1566. Any person who shall sell flour in or from any of the Penalty for 

. . . . Belling with- 

places where there is an inspector without an inspection as afore- o^t inspec- 
said, shall forfeit and pay the sum of ten dollars for each barrel, 
half barrel, or bag so sold, to be recovered by any informer before 
any Justice of the Peace, or other Court having jurisdiction — one- 
half to go to the informer and the other half to the inspector. 

§ 1567. Every inspector, before entering on the duties of his of- inspector's 
fice, shall take and subscribe an oath or afiirmation before the Clerk 
of the Council, or Clerk of the Inferior Court, of which a minute 
shall be made, that he will faithfully perform the duties of his 
office, inspect all flour ofi'ered to him for inspection, and faithfully 
brand and mark the barrels or bags, as by law directed. Inspec- 
tors shall be liable to indictment for any neglect of duty, and 
upon conviction thereof shall forfeit and pay a sum of not less 
than thirty dollars. 

§ 1568. It shall be the duty of every inspector of flour to inspect com meai, 
Indian corn and corn meal, wheat, and other grain in bags or in other grain, 
barrels, when requested by the owner or consignee to do so, and spected. 
he shall brand only such as he may deem to be sound and mer- 
chantable, for which his compensation shall be three cents per bag 
or barrel, to be paid by the owner or consignee, as aforesaid. 



?>10 PT. 1. TIT. 16. — CHAP. 4. — Agriculture, Trade, etc; 



Article 0.— Wood, Timber, Turpentine, Tobacco, Gnano, etc. 



ARTICLE II. 

WOOD. TIMBER. TURPENTINE, TOBACCO, GUANO, ETC. 



Section. 

13t>l^. Inspectors and rules of inspection. 
1570. Uriftod tiiubor— soiling of. 
1671. Penalty for buying: the same. 
1572. Pitch, tar, etc., to be inspected. 



Secttow. 

1573. Turpentine barrels — dimensions of. 

1574. How marked. 

1575. Corporate authorities — powers of. 



§ 1509. Inspectors may be appointed, their duties prescribed, 

iiisnectors thcir fccs fixcd, and inspection and marking regulations adopted,, 

pSnted fir by tlic corporatc authorities of any city, for the inspection of 

anv article * tip't i I'l 

usually in- guQiio and otiicr lertilizers, tobacco, salt, pitch, tar, turpentine, 
rosin, fish, oil, staves, shingles, timber, wood, lumber, and liquor, 
and such other articles and things as are usually the subjects of 
inspection and measurements, and for measuring and gauging 
the said articles, or any of them, within the limits of said cities ; 
and the same power may be exercised by the Inferior Court of 
every County, outside the limits of such town, and within the 
limits of s-uch County ; provided, such regulations be not inconsis- 
tent with the following provisions : 

1. No person shall be permitted to inspect, measure, or gauge, 
Appointees cxccpt such as may be regularly appointed, under a penalty of 

spect five hundred dollars for every offense, one-half to go to the infor- 
mer, and the other half to the incorporation or Court having the 
appointment of inspectors. Every person so appointed shall be 
Op.th and required to take an oath or affirmation faithfully to perform the 

8pectx)r8. duties of the office to the best of his skill and ability, and shall, 
moreover, give bond and security for the faithful discharge of the 
duties thereof. All vacancies may be filled by the appointing 
power. 

2. In all seaport towns, where timber or lumber is brought for 
inppection exportation, or otherwise, the same shall be inspected and meas- 

nrement of urcd, and bills for such measurement shall be made out m superfi- 

lumber. 

cial measurement. 

3. No lumber or timber inspector, or measurer,, shall^ during 
fehiKoYb^ ^^^ term of office, be or become the clerk or agent of any lumber 
ol '^^iumber ^^ timber buyer, or the clerk or agent of lumber mill, on pain of 
miller buy- forfeiture of his office on conviction, and fine or imprisonment, at 

the discretion of any Court having jurisdiction. 

4. All square timber shall be measured as follows : The length 
shall be counted from pin-holes, and the size from the middle of 



PT. 1.— TIT. 16.— CHAP. 4.— Agriculture, Trade, etc. 311 



Article 3. — Wood, Timber, Turpentine, Tobacco, (jruanr>, otc. 



the stick, taking the smallest side and the face, throwing off frac- Square 
tions, and allowing one-half of the wainedge on the size and face, ^""^ ^^^^ 
and other flatted timber, usually known as saw or mill logs, shall 
be measured one-third from the smallest end. 

5. All sticks which are rotten, hollow, split, or broken, shall be iJ^fuse lum- 

*■ her. 

declared refuse by the inspector, and the seller shnll only be 
allowed one-half the measurement ; but if the defect be at or near 
the end, only so much as is defective shall be declared refuse. 

6. The hook to the dip-rod shall not be less than one inch and L^;r.c.4h of 

•*• hook to (h[) 

three-quarters long. '■'^'^• 

7. Rangins!: timber, scantlinars, and boards, shall be deemed . Ranging 

o o ' to ' ' timbor, etx;., 

merchantable only when they shall have square edges, and he --^'^■*'/|^'j™^^'- 
sound, and without decay; nevertheless, if any scantling or board 
to be measured and inspected shall be split, decayed, or fractured, 
more than two feet and less than six feet from the end thereof, 
such split, decayed, or fractured part shall be left out and not 
counted in the measurement. 

8. Heading shall be two and a half feet long, six inches broad. Length 

ii-i 1 1111 n ^^^ quality 

one inch thick on one edge, and not less than three-quarters oi an of heading 

1 iir»^ 1 ^^^ shingles 

inch on the other edge, sound and free from decay, worm or 
knot holes ; shingles to be twenty-two inches long, not less than 
three and a half inches w^ide, a half inch thick at the thick end, 
not decayed, and free from worm or knot holes. 

9. Pipe, hogshead, and barrel staves shall be considered mer- Pipe, hogs- 
chantable only when conditioned as follows : Pipe staves to be at barrel staves 
least fifty-four inches in length, three inches in breadth, and one chantaWe. 
inch thick on the thin edge, sound and free from worm or knot 

holes ; hogshead staves to be forty-two inches long, three inches 
broad, and not less than three-quarters of an inch thick on the 
edges, sound and free from worm or knot holes ; barrel staves to 
be two and a half feet long, three inches wide, and not less than 
three quarters of an inch on their edges, sound and free from 
worm or knot holes. 

10. [If any inspector or measurer of timber shall fail, neglect, iiiegaiin- 

. . M 1 1 1 1 • 1 spection or 

or reiuse to measure timber as is now prescribed by law, the said measure- 

*^ ment or re- 

inspector or measurer shall be guilty of misdemeanor, and, on fusai. 
conviction, be subject to a fine of five hundred dollars and impris- 
onment in the common jail of the County for the term of three 
months.] (a) 

(a) Acts of 1866, p. 26. 



312 PT. 1. — TIT. 16.— CHAP. 4. — Agricultuee, Trade, etc. 

Article 2. — Wood, Timber, Turpentine, Tobacco, Griiano, etc. 

11. Every cord of fire wood shall measure eight feet in length, 
TVhat is .1 four in breadth, and four in height. Any person to whom such 

conl of the- tpii Tf»« 

wood. etc. -wood is offered for sale, who may suspect any deficiency, shall 
have the right to have the same measured and corded by any 
sworn inspector or measurer of the place, and in case of any de- 
ficiency appearing, the seller shall, besides paying the fees of the 
inspector, make good the deficiency without delay, or forfeit, be- 
fore any Court having jurisdiction, the sum of two dollars for 

inspocnfr — every cord so deficient : in case of no deficiency appearing, the 

paiti. fees of the inspector or measurer shall be paid by the buyer. 

The corporate authorities of any town or city may make such 

ofcorpon^tl furthcr regulations on this subject as to them shall appear proper 

am on icn ^^ jng^ire the objects of this Section. 

§ 1570. No raftman or other person shall dispose, or attempt 

Penalty for to disposc, of any drifted timber or lumber taken up by him 

drilled tim- Within this fetate, on pam oi paying not exceeding five hundred 
dollars for every such offense, to be recovered in any Court hav- 
ing jurisdiction of the same — one-half of the penalty to go to the 
informer, and the other to the use of the County wherein such 
offense may be committed — or the offender may be imprisoned not 
more than six months ; but nothing herein contained shall pre- 
vent the finder of drifted timber or lumber from requiring and 
receiving from the owner reasonable compensation for delivering 
to the owner such drifted timber or lumber. 

§ 1571. Any person detected in purchasing drifted timber or 
Illegal pur- lumber as aforesaid, except from factors or timber cutters, shall 

cbaaeofdrif- ^ ■*■ 

ted timber, be liable, on conviction, to pay a fine of fifty dollars for every 

offense, or to be imprisoned for a term not exceeding six months. 

§ 1572. No person shall ship, or put on board any vessel for 

Pitch, tar, exportation, from this State, any pitch, tar, rosin, or turpentine, 

inspected before the same is inspected and marked, provided there beat 

before it is ^ * 

shipped. the port of exportation a sworn inspector of such articles, on 
pain of forfeiting one dollar for every barrel so shipped — one-half 
to go to the informer, and the other half to the use of the town 
or place of exportation. The true contents and quality of every 
barrel of such articles must be branded on the barrel. 

§ 1573. Every barrel of soft turpentine shall be formed of good 
Quality and sufficient staves, three-quarters of an inch thick, not exceed- 

etc, of tur- . ^ . , . , 11- 

pcntine bar- mg fivc luchcs Wide, not Icss than thirty, nor more than thirty- 
two inches long ; the head not less than one, nor more than one 



PT. 1.— TIT. 16.— CHAP. 4.~-Agkiculture, Trade, etc. 313 



Article 3. — Inspection of Liquors. 



and a half inch thick, and the barrel secured with twelve good 
hoops. If the turpentine be fraudulently mixed, it shall be con- 
demned by the inspector and delivered to the owner. 

§ 1574. Each barrel of soft turpentine, after inspection, if found Barrels of 

^ ^ '^ / ^ ' turpferitlne— 

in conformity to the foregoing provisions, shall be branded or b«w marked 
marked by the inspector as follows : The pure or virgin turpentine 
with the letter "V," the yellow dip '' S," the hard "II." 

§ 1575. The corporate authorities of any seaport town may Powers 

1 1 P 1 1 . f • • n • • 1 "^ corporate 

make such lurther regulations lor inspection oi rosm, pitch, tar, authorities. 
and turpentine, and for the discovery of fraud in making and 
vending said articles, as to said authorities, respectively, shall 
seem proper. . 



ARTICLE III. 



INSPECTION OF LIQUORS. 



Section. 

1576. Inspectors of, etc. — how appointed. 

1577. Duties of such inspectors. 

1578. Damaged liquors. 

1579. Evading inspection of liquors. 



Section. 

1580. Foes of inspector. 

1581. Manufacturing drugged liquors. 

1582. Monthly inspections required. 

1583. Selling liquors without inspection. 



§ 1576. It shall be lawful for the several city and incorporated inspectors 

■,...,. c^ 1 p"^ liquors, 

town authorities m this State to elect or appoint an inspector of etc. — how 

. . . . appointed. 

liquors, spirits and wines, and vinegar, within their respective 
jurisdictions, and the Inferior Court of the several Counties shall 
have the same authority of appointment within the several Coun- 
ties out of the jurisdiction of the city authorities. 

§ 1577. Such inspector, after being duly appointed as aforesaid, oath and 
and sworn by the Clerk of the Council, or Clerk of the Inferior inspector. 
Court, faithfully to discharge the duties of inspector, shall exam- 
ine and inspect all liquors, spirits and wines, or vinegar, kept by 
any person within the jurisdiction of such inspector, for sale in 
any quantities, and if, upon such inspection, any such shall be 
found to contain any strychnine or other poisonous drug or drugs, 
or offensive matter injurious to health by drinking or other use, 
such inspector shall immediately give notice thereof to the owner, 
who shall immediately destroy the same in the presence of the in- 
spector, or give bond and security to return the same to the per- 
son from whom he purchased without the limits of this State. 

§ 1578. Any person who shall sell, or offer to sell, any liquor, 



•314 FT. 1.— TIT. 1(3.— CIIxlP. 4.— Agriculture, Trade, etc. 



Article 3. — Inspection of Liquors. 



PfntitT for 'VN-ino, 01' spii'its, or vinegar, knowing the same to be so drugged^ 
sred liquors: or after notice as aforesaid shall be given, shall be indicted in the 
Superior Court of the County where such offense may be commit- 
ted, and on conviction thereof, shall be fined, for the first offense, 
one hundred dollars ; for the second offense, two hundred dollars ; 
for the third offense, four hundred dollars ; and for the fourth of- 
fense, one thousand dollars, and in each case be imprisoned until 
such fine be paid. 

§ 1579. If any person shall refuse, or in any way prevent such 
Penalty for inspcctor froui making such examination and inspection, after a 

evadinc in- i i i i • -i ^ ^^ 

speotioa of sccoud demand made by such inspector, such person shall, upon 
indictment and conviction thereof, be fined and punished as in the 
immediate preceding Section ; lorovided, the inspector shall make 
the second demand in the presence of a competent witness and 
prove the same by said witness on the trial. 

§ 1580. Such inspector shall receive, unless other rates are pre- 
Fecsof 11- scribed by the authorities appointing him, from the owner of said 

quor inspec- . . • r» 

tor. liquor, wine, or spirits, or vinegar, for every ten gallons so in- 

spected, five cents ; for twenty gallons, ten cents; for forty gal- 
lons, fifteen cents ; for eighty gallons, twenty cents ; for one hun- 
dred and sixty gallons, twenty-five cents ; and at the same rates 
and proportions upward for any number of gallons so inspected, 
and he shall, if required, give a receipt and certificate therefor, 
and shall brand the barrels, kegs, or pipes when the means are 
provided by the owners therefor, and he shall also receive one- 
half of all fine moneys arising under conviction, which shall by 
no means disqualify him from being a witness for the State in 
cases of prosecution under any of the foregoing Sections. ^ 

§ 1581. If any person shall manufacture any drugged, poison- 
Penaity for ous or Other delctcrious and offensive liquors, wine, or spirits, or 

manufactur- , j. ^ / x / ^ 

ii"^uor8"'^'^^ vinegar, or adulterate any liquor, wine, or spirits, or vinegar, with 
poisonous material, such person so offending shall be indicted in 
the Superior Court of the County where the offense may be com- 
mitted for a misdemeanor, and on conviction therefor, shall be 
fined and imprisoned in the common jail at the discretion of the 
Court. 

§ 1582. Such inspection shall be performed once a month, or 
Inspection whcncver called on so to do by seller or buyer. When by the lat- 

to be month- tip 

ly. ter, he pays the lees. 

§ 1583. When an inspector is appointed in any city or town, 



PT. 1. — TIT. 10. — AamcuLTUKE, Tkade, etc. 



815 



Cliapter 5. — Weights and Measures, 



and due notice given of such appointment, any vender of liquors, Penalty P>t 
in any quantity, who shall offer the same for sale before or with- ')'•'"•» w'^^i- 
out inspection, or a bona fide effort to have the same inspected, *'''"• 
shall be guilty of a misdemeanor, and, on conviction, shall bo 
fined or imprisoned, or both, at the discretion of the Court. 



CHAPTER V. 

WEIGHTS AND MEASURES, 



Section. 

1584. Seal or stamp for weights, etc. 

1585. Weights, etc., must be marked. 

1586. Selling by deficient weights, etc. 



Section. 

1587. Standard of weights, etc. 

1588. Clerk of I. C. to give notice. 



§1584. The Justices of the Inferior Court must procure for seaior 
their respective Counties a marking instrument, seal, or stamp, mTA in'^g 
for the purpose of marking all weights and measures which the mea'sures. 
Clerk of the Inferior Court may find not to weigh or measure less 
than the standard established by the Congress of the United States, 
which is the standard of this State. 

§ 1585. All persons ensraored in sellina; by w^eio^hts and meas- vendors 
ures shall apply to the Clerk of the Inferior Court of their re- weights and 

■"• -^ "^ , ra^Las ures 

spective Counties, and have their weights and measures so marked, marked. 
and in default thereof shall not collect any account, note, or other 
writings, the consideration of which is any commodity sold by 
their weights or measures. 

^ 1586. Any citizen may complain to the Clerk of the Inferior Seiung bv 

deficient 

Court of the deficiency of any weisihts and measures, whether weights or 

•^ . . . measures — 

marked or not, and when done, it is the duty af said Clerk to no- ^^^^ pumsh- 
tify the person complained of, and give him the name of the com- 
plainant, and specify a day, not more than ten days distant, when 
he shall submit his weights and measures to the test of the Jus- 
tices of the Inferior Court, and if the complaint is found to be 
true, within the seller's knowledge, he shall be deemed a person 
selling by false weights and measures, and shall be presented by 
the Grand Jury as such, if no person appears and indicts. 

§ 1587. The Governor shall procure standards of wei^^hts and standards of 

_ *-* weights and 

measures for each County which does not have them, and they, measures to 

•^ ' *' ' be procured, 

together with the marks provided by the Inferior Court, shall be 
kept in the office of their Clerk for the inspection of the citizens. 



316 PT. 1. — TIT. ll>. — CHAP. 6. — Agriculture, Trade, etc. 

Article 1. — Cotton, Rice, etc. 



^ 158S. AVhou such standards are obtained, it is the duty of 
Clerk to sucli Clcrk to givc sixtj days' written notice thereof at the door 
of the Court House, and in the public gazette where the Sheriff 
of the County advertises his sales. 



CHAPTER VI. 

REGULATIONS FOR PARTICULAR BRANCHES OF TRADE AND 

AGRICULTURE. 



Article 1. — Cotton^ Rice, etc. 
Article 2. — Cultivation of Bice. 
Article 3. — Ousters, Turtles. 
Article 4. — Fishing. 
Article 5. — Boats and Crews. 
Article 6. — Peddlers. 



ARTICLE I. 



COTTON, RICE, ETC. 



Section. 

1589. Sale of cotton and other produce. 

1590. Purchaser failing to pay. 

1591. Acceptor of draft failing to pay. 

1592. Shall not be convicted — when. 

1593. Evidence of receipt of cotton, etc. 

1594. Copartners — when liable. 



Section. 

1595. Oath, etc. 

1596. Weighing without oath, etc. 

1597. Tare on rice. 

1598. Tare on other articles. 

1599. No deduction to be made. 

1600. Weighing — how regulated. 



§ 1589. Cotton, corn, rice, or other products sold by planters 
Ownership a^jd commission merchants on cash sale, shall not be considered 

of cotton, ' 

chan''pfrun- ^^ ^^^ property of the buyer, or the ownership given up, until the 
til paid for. same shall be fully paid for, although it may have been delivered 
into the possession of the buyer. 

§ 1590. Any person engaged in the business of buying such 
Penalty for Commodities, either on his own account or for others, who shall 

failing U) ' 

p^*y etc.*^'^ ^^^^ ^^^^ ^^ ^^^^ ^^*^°^ ^ planter or commission merchant for cash, 
and shall fail or refuse to pay for the same, and shall make way 
with or dispose of the same before he shall have paid therefor, 
shall be deemed guilty of fraud and embezzlement, and. shall be 
liable, on conviction, to be imprisoned in the Penitentiary for a 



I>T. 1.— TIT. 16.— CHAP. 6.— Ageiculti're, Tbade, etc. 31T 

Article 1. — Cotton, Rice, etc. 



term not less than one year, nor more than five years, at the dis- 
cretion of the Court. 

§1591. [If any person shall accept in writing any bill of ex- Pf;naUyfw 
chansje or draft, drawn upon him, in the body of which bill or payaw-pu-d 

° ' ^ ' -^ . draft or bil I 

draft shall be specified the amount for which it is drawn, and the of exchange 
time when it is payable, and that it is drawn against certain bales 
of cotton, enumerating them and referring to their marks on the 
margin, and that the same were sent to the drawee of said bill or 
draft, subject to the payment of said bill or draft to the payee or 
his order, to whom the title to said cotton was conveyed, and after 
such acceptance, shall fail or refuse to pay to such payee or his 
order, when the bill or draft shall fall due, the full amount of the 
proceeds of the sale of said cotton, if sold by such acceptor, or 
shall fail or refuse to deliver to the payee, or his order, the bales 
of cotton specified in said bill or draft, when demanded, after 
non-payment of said bill or draft,- then such acceptor shall be 
guilty of a high misdemeanor, and, on conviction, shall be pun- 
ished by confinement in the Penitentiary for not less than one, 
nor more than five years, at the discretion of the Court.] (a) 

§1592. fNo person shall be convicted under the provisions of Not to be 

^ ^ Jt . . convicted -^ 

the preceding Section, if he can show that the cotton received '^^lien. 
by him was destroyed by accident, or that he was fraudulently or 
forcibly deprived of the possession thereof, or of the value of the 
same after it was sold.] (a) 

§ 1593. r The acceptance in writinpr of the bills of exchanare or Accept- 
drafts, specified in Section 1591, shall be held as prima facie evi-/«cie evi- 
dence of the value of the receipt by the acceptor of the cotton 
specified therein, and prima facie evidence of the value being 
the amount specified in the bill or draft.] (a) 

§ 1594. [If such bill or draft shall be drawn on, and accepted copartners 
by a mercantile copartnership in the name of the firm, each of the we. 
copartners shall be held prima facie liable to all the provisions 
of the three preceding Sections.] (a) 

§ 1595. It shall not be lawful for any salesman, or other per- oath of 
son, m any oi the cities, towns, or villages oi this btate, or at any lag cotton 
railroad station or depot, to weigh any bale, bag, or package of 
cotton, tierce or half tierce of rice, or any other article of pro- 
duce disposed of by weight, without first talking and subscribing 

(a) Acts of 1859, pp. 61-2. 



olS FT. 1.— TIT. 16.— CHAP. G.— Agkicultuee, Trade, etc. 



Article 1. — Cotton, Rice, etc. 



an oath before some person authorized by law to administer it, 
that he -will justly, impartially, and without deduction, weigh all 
such produce, and all other articles of produce disposed of by 
weight that may be shown to him for that purpose, and tender a 
true account thereof to the party or parties concerned, if so re- 
quired. The weigher may, nevertheless, make such deductions 
for wet or other cause which may be reasonable, when the seller 
or his agent shall thereto consent, and for such tare as may by 
law be allowed ; but no tare shall ever be allowed on bales of un- 
manufactured cotton, except the usual deduction of two pounds 
from the weight of every bag of cotton having knobs or tugs 
thereon. 

§ 1596. Such oath, when taken, must be filed in the Clerk's 
Oath to be office of the Inferior Court of the County, and a minute made 

recorded. ^ ^ "^ 

and penalty thercof 1 and if any person weisrhs such produce without having 

withoutoath taken and filed such oath, he and the factor, or person who may 
employ him, are liable each twenty dollars for every bag of cot- 
ton, five dollars for every tierce of rice, twenty-five cents for 
every bushel of corn, and one-third the value of any other pro- 
duct so weighed — one-half to go to the informer, the other half 
to the Educational Fund of the County. 

§ 1597. The tare to be allowed on rice shall be the actual tare, 

Tare on rice, as nearly as can be determined, except in cases of the sale of a 
single tierce, half tierce, or barrel, where a tare of ten per centum 
shall be allowed, unless otherwise agreed on, between the buyer 
and seller. 

§ 1598. In other cases where tare is usually allowed, the actual 

Tare on oth- tare, as nearly as the same can be ascertained, shall be allowed, 

er articles. ^ J if 

except where the seller and purchaser may expressly agree upon 
a different rule. 

§ 1599. It shall not be lawful for any purchaser or weigher to 
tion^ u^^^be ™^^® any deduction from the weight of any article for or on 
Tur^n ^of ^^^'^^^^ ^'^ ^^^ draft or turn of the scales or steelyard, under a 
scales,, etc. penalty, for every such offense, of five hundred dollars, to be re- 
covered in any court having jurisdiction, one-half to go to the in- 
former, by whom the suit may be brought, and the other half to 
the use of the County where the offense may be committed. 

§ 1600. The corporate authorities of all cities and towns may 
make such further regulations for the weighing of produce of all 
descriptions, including fees for weighing, as in their judgment 



PT. 1.— TIT. 16.— CIIAr. G.— AfiiiicuLTUKE, Tradk, i:tc. Ui) 



Article 2. — Cultivation of Rice. 



may tend to effect the objects of the foregoing provisions, and the ,J^^l^^'^l^^ 

Inferior Courts of the respective Counties shall have the same etc., may 

1 regulate 

power, to be exercised outside the jurisdictions of said incorporated weighinf?. 
cities or tovrns ; but, until altered by such authorities or Courts, 
fees for weighing shall be such as are now fixed by law. 



ARTICLE II. 

CULTIVATION OF IlICE. 



SeCtio^t. 

1601. Water shall not be diverted. 

1602. Rice dams— when to be opened. 

1603. Penalty for obstructing. 

1604. Persons injured — how redressed. 
1005. Proceedings for redress. 

1600. Award of freeholders. 



Skctton. 

1G07. Person may drain his own land, 

1608. Proceedings in case of obstruction. 

1609. Dam not to be stopped — when. 

1610. Inadequate dams. 

1611. Compensation of freeholders. 



§ 1601. ISTo person shall be permitted to make or keep up any water not 
dam to stop the natural course of any water, so as to overflow the ed. 
lands of any other person, without his consent, nor shall any person 
stop or prevent any water from running off of any person's field, 
"whereby such person may be prevented from planting in season, 
or receive any other injury thereby, nor so as to turn the natural 
course of any water from one channel or swamp to another, to the 
prejudice of any person. [And whenever the owner of any land Drain may 
in this State shall refuse to extend any drain or ditch through the ed. 
same, that may be dug to the line of his lot by the owner or occu- 
pant of adjoining land, then the said adjoining owner or occupant 
shall be privileged to extend his drain at his own expense through 
any such lands to a proper outlet ; and if his land shall be injured 
or decreased in value by reason of said draining, then the party 
injured shall receive full compensation from the person so draining, 
for the injury done. The question of such injury in value may be 
submitted, on request of either party and notice given, to three 
disinterested freeholders, to be chosen by the Inferior Court of 
said County, and they shall make an award upon the same rules 
and regulations as are now provided by law touching arbitration 
and awards ; provided^ said award shall be made and just compen- 
sation paid before the drain or ditch is commenced.] (a) 

§ 1602. Every person who shall keep water during the winter 



(a) Acts of 1866, p. 27. 



320 FT. 1.— TIT. 1(>.— CIIAr. G.— AamcuLTURE, Trade, etc. 



Article 2. — Cultivatiou of Kice. 



RKv d!uu5 upon groiiiuis ^vllcre rice will be planted the ensuing spring, shall 
beopeaod.' annually, by the fifth day of March, open the dams which keep 
up the water, and let off the same. 

§ lC)Oo. Upon the violation of the provisions of either of the 
Penalty for precediui}; Sections, the person offendino; forfeits five hundred dol- 

violatiusrtho ^ ° i • r. • 

tvvo^proiva- lars upon the complaint of any person interested ; one-half of the 
recovery goes to the informer, the other to the Educational Fund 
of the County. 

§ 1604. When any person has thus offended in the manner 

Person in- aforcsaid, a person affected thereby may apply to a magistrate 

apply for -who has jurisQictiou m the district tor a warrant oi survey, and 

survey. shall also, thereupon, notify the defendant of the complaint, and 

of the time and place of meeting. 

§ 1605. The magistrate shall have summoned three disinterested 
Proceed- freeholders of the neighborhood or district where the cause of 

Incs under .. . r»i ii i if»T 

the warrant, complamt cxists, onc 01 whoui must be chosen by each oi the 
parties and the other by the magistrate ; but if the defendant 
neglects before the day of meeting to make a choice, the magis- 
trate may choose for him ; they must be sworn before such magis- 
trate, to determine the matter in dispute justly and impartially ; 
shall proceed to view the obstruction, and are empowered to do so 
without the attendance of either party, unless such are providen- 
tially prevented, and must report their proceedings to the magis- 
trate without delay. 

§ 1606. If, on view thereof, a majority of said freeholders decide 
Avr.ird of that Said obstructions do or may prevent the party complaining 
from planting his crop of rice in due time, or otherwise injure 
him, they shall furnish an immediate remedy in any way they 
think necessary to give the most effectual relief, the losing party 
paying the costs of the proceeding. 

§ 1607. Such proceeding does not apply to any person who shall 
Drainage havc made through his own land sufficient drainage, of which said 

not liereln -, , , . . 

prohibited, freeholder shall be the judge, to carry off the waters passing through 
the same, in as expeditious a manner as they could have passed 
through the natural course or channels if no such banks had been 
erected. 

§ 1608. Any person between said fifth of March and the first 

in's^iTcafe ^^^ ^^ September of each year may apply in like manner for a 

ItmSilm^'' ^^^^^^^ ^^ survey on any obstructions which may impede the 

conveying of any surplus water on his rice grounds, and which by 



PT. 1.— TIT. 16.— CHAP. 0. AGRICULTURE, Trade, etc. 321 

Article 2.— (/iil1,iv;i.ti()ii of liicc. 



remaining thereon may prove irijuriouH, or sliall keep up any dam 
wliicli tr^hall stop the water so as to overflow his lands to his injury. 
In such cases the proceedings are the same as heretofore set forth. 

^ 1609. If any person shall, by liiinsolf, or throu^jh his orders, I'enaMtyfor 
or by his agent, stop up any dam or ro[)l:icc any obstruction which '>"'" w)i':ri 
has been opened or removed, or which has been thus done by liim- ^^'uijority. 
self on the said fifth of March until the first day of July next 
thereafter, or shall obstruct or hinder the opening of any dam or 
removing of obstructions decided to be opened or removed, he for- 
feits, as aforesaid in this Chapter, one thousand dollars for each 
offense to the person aggrieved, besides his liability for the actual 
damages. 

§ 1610. When any dam has been made to form reservoirs of inadequate 

. , rv • 1 • • 1 • dfinis to be 

water without sunicient waste-way, and is inadequate to sustain enlarged. 
the weight of Avater, the owner of such dam shall immediately 
cause the same to be enlarged, strengthened, or erected in a sub- 
stantial manner, with a sufficient waste-way. If, on a survey by 
freeholders, he neglects to make the improvements they require, 
within the time they may designate, he shall forfeit to any person in- 
jured, or liable to be injured, as last aforesaid. 

§ 1611. The freeholders are entitled each to three dollars per compensa- 
uay, and it duly summoned and they tail to attend, without provi- holders, etc. 
dential cause or necessary absence from the district, they forfeit 
to either party one hundred dollars. The magistrate and witness- 
es, if any, receive the costs allowed in the trial of forcible entries 
and detainers. 



ARTICLE III. 



OYSTERS, TURTLES, ETC. 



Section. 

1G12. Oysters — manner of taking. 

1613. Violating preceding Section. 

1614. Planted oyster-beds protected. 



Section. 

1615. Exclusive right of land-owner. 

1616. Turtles — when to be taken. 

1617. Violating three preceding Sections 



§1612. It shall not be lawful to take or catch any oysters in oysters— 
any of the waters of this State with or by a scoop, rake, drag, or manner Ji- 
dredge, or by the use of any other instrument than the oyster 
tongs heretofore in general use for taking oysters, and every per- 
son taking oysters, in violation of law, shall forfeit such sum for 
every offense as the Court having jurisdiction may determine, and 
21 



322 FT. 1. — TIT. 16. — CHAP. 6. — Agriculture, Trade, etc. 



Article 3. — Oj^sters, Turtles, etc. 



shall forfeit to the State the boat or vessel employed in such un- 
lawful business, her tackle, apparel, and furniture. 

§ IGlo. On complaint made upon oath before any Judge or Jus- 
Procecd- tice of tliis State, in any County where the offense may be com- 
vioiator ofmitted, of the violation of the provisions of the foregoing Section, 
SccUon. such officer shall issue his warrant for the arrest of the offender, 
and shall commit or let to bail, according to law, and in such war- 
rant, authority shall be given for the arrest of every such boat ; 
and such boat, her tackle, apparel, and furniture shall not be re- 
leased, except upon bond, with good security, for the forthcoming 
of such vessel and appurtenances to answer any judgment of for- 
feiture. In case such boat and appurtenances be not replevied 
within one month after arrest, the same may be sold by order of 
such Judge or Justice, and the proceeds shall be paid into the of- 
fice of the Superior Court of the County, there to await the or- 
der of said Court. 

§ 1614. Where any person having taxable lands upon the banks 
Planted or sliorcs of auv of the rivers or creeks of this State shall plant 

ovster beds , . 

protected, bcds of oystcrs upou them, it shall not be lawful for any other 
person to take from such beds of oysters ; provided, the same shall 
be distinctly staked or otherwise marked. 

§ 1615. When oyster banks, or beds of oysters, or natural for- 
Excinsive mation, bc wathin rivers or creeks of this State, not exceedinsr one 

rii;ht of cer- ' . 

tain land- hundred and twenty feet in width, and not used for purposes of 

owners to , *^ , . 

oyster beds, navigation, the persons having the ownership of the lands upon 

both sides of such creeks or rivers shall have the exclusive right 

to the usufruct of such banks or beds of oysters as aforesaid. 

§ 1616. It shall not be lawful to take terrapins and turtles with- 

Tnrties— in tidc-watcr at any time other than from the first day of May to 

when to be '^ */ tJ 

taken. the first day of September. 
Violation § 1617. For any violation of the three precedinsr Sections the 

of the three -^ it) 

pyecejjjji^ offender shall be subject to a penalty of not less than fifty nor 
how punish- more than five hundred dollars. 



ARTICLE IV. 

r I SUING. 



Section. 

1018. Fishing regulated. 

IGlO. Violating preceding Section. 



Section. 

1G20. Vessels engaged in fishing. 



§ 1618. It shall not be lavfful for any person to inhabit, occupy 



1 



PT. 1.— TIT. lG.-~ClIAr. G.— Agrioultuke, Tuade, etc. 828 

Article 4. — Fishing. 



or reside in any vessel, ark, or flat on any river of this State riBhin? 

1 . . f 1 ' regulated. 

which shall not be engaged in the lawful commerce of the same, 
in the carriage or transportation of goods or produce to or from 
market, unless owned by the proprietors of the shores, or their 
lessee's; provided, nothing contained in this and the previous 
Section shall be construed to prevent the owners of the land on 
said rivers, or their lessees, from taking fish in the river opposite 
their banks ; but no seine shall be permitted to be used in said 
rivers, either by such owners or their lessees, from sunset on Sat- 
urday to sunrise on Monday ; and provided, aha, that every 
lease or license to fish shall be recorded within ten days after the 
granting thereof in the Clerk's office of the Superior Court of the 
County where the land lies. 

§ 1619. Every ofi'ense against any of the foregoing provisions Penalty 
shall be punished by a fine not exceeding two hundred dollars, to tho pieced'^ 

. ing Section. 

be applied to educational purposes. 

§ 1620. It shall be lawful for all civil officers, at all times, to officers may 

^ '^ V 1 s T t and 

visit and search all vessels, covered flats, or arks, and boats ^^■^^'"'^^ '^^^- 

^ ' ' sels, etc. 

engaged in fishing, or trading illegally on any river of this State, 
and to cause offenders, therein found, against any of the laws of 
this State to be committed or bound over to answer for offenses 
against such laws. 



ARTICLE Y. 



BOATS AND CREVf.S. 



Section, 

1621. Bills of lading must Ibe granted. 

1622. Penalty for refusing such bills. 



Section. 

1623. Traffic with hands, etc., prohibited. 
1621. Shipping of articles prohibited. 



§ 1621. It shall be the duty of all owners or agents of boats owners of 
employed in the navigation of the navigable waters of this State, grant bii^^o^ 
to grant to each and every boat, respectively, previously to its de- ^ ^^^' ^ '^' 
parture from the wharf or landing, a certificate or bill of lading, 
showing its destination, contents, and the name of its captain or ' 

patroon, and consignee, which certificate or bill of lading shall at 
all times be subject to the examination of any free white person 
requiring the same. 

§ 1622. Any such owner or agent neglecting or refusing to fur- 
nish certificate or bill of lading, and any such captain or patrooli 



^U PI. 1.— TIT. IG.— CHAP. ().— Agriculture, Trade, etc. 



Article 5. — Boats and Crews. 



Penalty for refusincj to exliibic the same on demand as aforesaid, may be sev- 

Rot jrnintiuji ° a» i 

t"^-^- exhibit- erailv indicted, and for every offense, be fined in a sum not ex- 
laaiug. ceeding fifty dollars — one-half the penalty in such case to go to 
the informer, and the other half to the use of the County where 
such conviction takes place. 

§ 1(523. It shall not be lawful for any owner, captain, or patroon 
OTmerof of a boat, navigating any of the navigable rivers of this State, to 

b«\\t IH>t to . 1*^11 1 1 1 1 

•!!.A\- iUcc:ii suffer or permit any boat hand to put on board such boat, any corn, 

trsffic with / , "^ ^ \ .11 , 1 , 

hands. cotton, r:ce, stock, poultry, or other articles that may by law be 
prohibited, as an article of traffic to such boat hand, as the prop- 
erty of such boat hand, nor shall such owner or patroon suffer the 
"boat hands on board such boat to barter or trade the one with the 
other, in any such article or articles of produce under any pretext 
whatever, under penalty of fine and imprisonment at the discre- 
tion of the Court, on conviction of the party for violating any of 
the foregoing provisions. 

§ 1624. No owner, captain, or patroon of such boat, shall per- 
Ownernot ]j,it any such boat hand to take with him any such articles, unless 

to allow ar- »' , 

tides ship- ^\^Q same shall be stated in such certificate or bill of ladinp;, and 

ped, unK'68 o' 

^^bi.i of la- gm^j^ articles shall be immediately under the direction of such 
owner, captain, or patroon, or the agent of the owner, under pen- 
alty of fine and imprisonment, at the discretion of the Court for 
every offense against any of said provisions. 



AKTICLE VI. 

PEDDLERS. 



Section. 

1625. License to peddle — how obtained. 
1G26. License — when unnecessary. 
1627. Goods not to be sold by sample. 
1028. Qualification, etc., of peddler. 



Skction. 

1629. Each vehicle mast be licensed. 

1630. License — power of J. I. C. to grant, 
1631* Citizens only can obtain a license. 
16'32. Indictment and trial. 



§ 1625. Every peddler or itinerant trader, by sample or other- 
LicfeEM to wise, in any article not manufactured in this State, must apply to 
the Clerk of the Inferior Court of each County where he may de- 
sire to trade, for a license, which shall be granted to him on the 
terms the Justices of the Inferior Court have or may impose. If 
they have made no rule, such Clerk shall immediately inform such 
Justices. They are authorized to impose such tax as they may 
deem advisable ; provided, it is not less than fifty dollars, to be 



PT. 1.— TIT. 16.— CHAP. 6.— A(;Kicr;i/rF;KK, Trade, ktc. 325^ 



Art,i(:l(!fi,— Pft(kll(;r«. 



nscd for County purposes. Tijc liecnsc extends only to tl-ic limits 
of the County. 

§ 1G2(). None of the provisions of tliis Article shall extend to r.xtti.tiouH, 
persons selling tlie agricultural products of any State, nor to per- 
sons selling agricultural implements. 

§ 1627. A person not a citizen of tliis State sliall not Bell any ^^'''^^f- not 
.article not manufactured in this State by sample. sample. 

§ 1628. The peddler shall furnish said Clerk with evidence of Qu&iinca- 

'■ ... tlons a n d 

his o;ood character, and shall take and subscribe before him this "athoi i.ca- 
oath: " I swear thjit I will use this license in no other County 
than the one for which it is granted, nor suffer any person to use 
it in my name, and that I am a citizen of this State. So help me 
God." Said oath and license must be entered in the book kept 
for that purpose, and the license must contain a description of the 
person of the peddler. 

§ 1629. There shall be separate licenses for every wagon, cart, Mrst be a 
or other vehicle (or each horse, if the peddling is done on horse- eachvehicie 
back), employed or used in vending such goods, wares, or mer- 
chandise, which shall be shown to any officer, civil or military, de- 
manding it, and on failure or refusal so to exhibit, the peddler for- 
feits five hundred dollars, to be recovered on suit of the informer — ■ 
one-half to go to the informer,- the other to the Educational Fund 
of the County. 

§ 1630. The Justices are authorized to ^rant licenses to peddle Authority 

. ° ^ of J. 1.0. 

to indigent and infirra persons upon such terms as they in their 
discretion may impose. 

§1631. A foreigner not a citizen shall r.ot be granted license Foreigners 

... may not be 

to peddle, unless he shall have declared his intention to become licensed. 
a citizen, and he shall swear to such fact, instead of that he is a 
.citizen. 

§1632. On the trial of a foreio^ner for ille2:al peddlina:, whether inindict- 

. , . , ,. , ^ ^ . -, . -, ^ • , niente the 

With or without license, the fetate is only required to prove the "nus is on 

. . , . defendant 

peddling, and the foreigner must show^ m defense, his eligibility, etc. 



326 • PT. 1. — TIT. IT. — Salaries and Fees of Officer?, 



Chapter 1. — Ofticors couiiectcd with tho Executive Depnrtment, 



TITLE XVIL 

SALARIES AND FEES OF OFFICERS 



CHAPTER I. 

OFFICERS CONNECTED WITH THE EXECUTIVE DEPARTMENT.. 

Section. f Section. 

1633. Salaries appropriated. 1G35. Pay of those withoat, fixed salaries. 

1634. Salaries of Executive officers. j 

§ 1633. [The various sums of the annual salaries of all the of- 
ficers of this State, whose salaries are fixed by law, are hereby 
appropriated annually to pay said officers, until they are altered 
by law.] (a) 

§ 1634. The salaries per annum of such officers, respectivelyj. 
Salaries of are as follows : 

Executive 

*^''""'' [The Governor .|4000 00 

The Governor's Secretaries, each 1800 00 

The Governor's Messenger. 950 00 

The Comptroller General 2000 00 

The Clerk of the Comptroller General .... 1600 00 

\ The State Treasurer 2000 00 

The Secretary of State 2000 00 

Tlic Clerk of the State Treasurer 1600 00 

The State Librarian 1200 00](b> 

§ 1635. All persons employed by the Governor for whom no 
Pay of of- compensation is prescribed are paid, according' to his discretion, 

floen whose ,a.i .tip tp • ^ 

Baiaries are out 01 tiic moncy appropriated thereior. It no money is thus ap- 
propriated, and the employment is indispensable, he has the priv- 
ilege to pay them out of the contingent fund. 

(a). Acts of 1865-6, pp. 11, 12. (b) Acts of 1865-6, p. 16. . 



PT. 1.— TIT. 17.— Salaries and Fees of Officeks. 327 

Chapter 3.— Other OfTiccrs appointed by the Governor. 



CHAPTER II. 

OTHER OFFICERS APPOINTED BY TUh: GOVERNOR. 

Section. 1 Bioction. 

1636. Pay of officers appointed, etc. ' 1037. Governor iriay fix pay, etc. 

§1636. The salaries per annum of such officers, respectively, ^J'/'y/'^'^jJ: 
are as follows : ]^^L!" 

Tlie Trustees of the Lunatic AsyUim, each ^ 100 00 

[The Principal Keeper of the Penitentiary 2000 00 

The Assistant Keeper of the Penitentiary 1200 00 

The Book-keeper and Salesman of the Penitentiary 1200 00](a) 

The Tanner of the Penitentiary 1200 00 

The Overseer of the Penitentiary 800 00 

The Physician of the Penitentiary 500 00 

The Chaplain of the Penitentiary 150 00 

The Military Store-keeper at Savannah. 300 00 

The Military Store-keeper at Milledgeville 150 00 

§ 1637. If the Governor establishes other places of keeping j^^^^g^^the 
the military stores of the State, he may regulate the salaries of\^7^f^^^^^ 
all the keepers thereof, so that the compensation will be in pro- 
portion to their respective duties and responsibilities, which, when 
done, shall be reported to the General Assembly. 



CHAPTER III. 

OFFICERS APPOINTED BY THE TRUSTEES OF CERTAIN INSTITUTIONS. 
WHO ARE PAID IN WHOLE, OR IN PART, FROM THE STATE TREASURY 
OR OUT OF STATE APPROPRIATIONS. 

Section 1638. Salary of officers of Asylum, etc. 

§ 1638. The salaries, per annum, of such officers, respectively, salary of 

f, n ' officers of 

are as lOUoWS: the Asylum, 

etc. 

The Superintendent and Principal Physician of the Lunatic 

Asylum $2500 00 

The Assistant Physician 1250 00 * 

The Superintendent of the Georgia Military Institute 2500 00 

(a) Acts of 1865-6, p. 16. * See second paragraph of Section 1368. 



QO 



28 



PT. 1. — TIT. 17. — Salaries and Fees of Officers. 



Chapiter 4. — Officers connected with the Legislative Department. 



CHAPTER IV. 

OFFICKKS CONNECTED AVITII THE LEGISLATIVE DEPARTMENT. 

SECTION 1G30. Salary and fees of Legislative officers. 

^ 1G39. The salaries, per session, of the officers connected with 
s.nisrios said department, who receive such, and which arc embraced in 
i^-isi:u"ivo the appropriation for the pay of officers and members of the Gen- 
era! Assembly, are — 

The Secretary of the Senate |500 00 

The Clerk of the House of Ilepresentatives 500 00 

The fees of said officers are — 

For every extract of a private nature, per copy sheet. 15 

For ccrtitying an extract of a private nature 50 

For certifying- an act for tlie benefit of an individual, or corpo- 
ration, or society 3 00 



CHAPTER V. 

OFFICERS CONNECTED WITH THE JUDICIAL DEPARTMENT. 



Skctiox." 

1(>40. Salaries of Judges and Sols. General. 
1641. Certificate of service. 
16-12. Fees of Attorney General. 



Section. 

1643. Fees of Sol. Gen'l Supreme Court. 
1614. Fees in certain cases. 



§ 1640. The salaries, per annum, of such officers, are as fol- 



Salaries of loWS l 
.Jiidffes and 
Ho licit ore 
fieneral. 



KeoB of .So- 
licitor Gen- 
eral. ' 



Tiic Judges of the Supreme Court, each $3500 00 

Tlie Reporter of the Supreme Court 1000 00 

The Judges of the Superior Court, each 2500 00 

[The Solicitors General of the several Circuits, each , 300 00] (a) 

The fees of such officers are as follows : 
1. Solicitor General — 



For each person prosecuted to conviction for a capital offense. 

For each person prosecuted [to trial or plea of guilty] (b) for any 

otlier felony, and for any violation of the laws against gam- 



bling. 



50 00 



25 00 



(a) Acts of 18G5-0, p. 250. (b) Acts of 1866, p. 21. 



PT. 1.— TIT. IT.— Salaries and Fees oe Oi j icekh. P.29 

Chapter 5. — Officers cormccXcA wltli tlic Judicial Department. 



For each person indicted or i)resent,ed ^ 00 

For each pi'oceediii<^ to enCorco a recognizance 5 00 

For every amount collect(;d on sucli proceedings, five per cent. 

For every proceeding instituted to forfeit a charter 100 00 

For services in the Supreme Court — 

Flni — In capital, cases oO 00 

K'^econd— Other felonies ^30 00 

Third— AM other cases 15 00 

FourlJi — For litigated recognizance, don})le fees and commis- 
sions. 

For drawing a c«2^m.s' against a person indicted or presented and 

not bound over 50 

For drawing a capias against each defaulting juror 50 

For entering a 7ioll6 prosequi 25 

For attending at Judge's Chamber to take the affidavit of any 

person in criminal cases 1 00 

For drawing an affidavit, or any instrument of writing, per copy 

sheet 10 

[For a peace warrant tried or disposed of by the Court 5 00] (a) 

For plain collections for the State, five per cent. 

For litigated collections for the State, 10 per cent. 

For services in cases not mentioned, where the State is an inter- 
ested party, at the discretion of the Governor, not exceeding 50 00 

[For every bill of indictment ignored by the Grand Jur}^, to be 
paid by the prosecutor and received as in cases of malicious 
prosecution 5 00] (b) 

§ 1641. They shall not be paid fees for litigation without the Certificate 

. , * . of services. 

certificate of the presiding Judge that they are properly and faith- cases in 
fully claimed as such, nor on any bill for any species of gaming, Z-liio^-eC^ 
where the same is entered nol. pros. 

§1642. The Solicitor General, who, by virtue of his office, is Fees of a 

, . torney Gei 

Attorney General, has the following fees : erai 

For every written opinion he is legally required to make 25 00 

For prosecuting a Solicitor General, the payment of his neces- 
sary expenses, and 50 00 

For services in any case where the State has an interest, and his 
services are required, the payment of his necessary expenses, 
and 50 00 

For suits for and collection of money, on account of the State, out of 
his circuit, when litigated, ten per cent, upon amount collected, and 
five per cent, if not collected ; if not litigated, fees of Solicitor General. 

For any service performed, for which a fee is not prescribed, the Gover- 
nor may pay him what he deems reasonable and just, and report 

the same to the General Assembly. 

> 

(a) Acts of 1859,^p. 17. (b) Acts of 1866, page 21. 



t- 

Gen- 



380 FT. 1. — TIT. 17. — Salaries and Fees of Officers. 



Chapter 5.— OtUcers counected with the Judicial Department. 



§ l(.>4->. The foes of the Solicitors, for services rendered in the 
Fcosof So- Supreme Court, shall be paid by the State, on the warrant of the 
pnemetknirt Govemor, in all cases when the Solicitor shall present the certifi- 
cate of the Clerk of the Supreme Court, as to services, and of the 
Clerk of the Superior Court to the fact that the defendant was 
acquitted, or was unable to pay the costs. 

§ 1644. [The fees allowed to Solicitors for the prosecution in 
the Superior Court of the crimes which were reduced below felo- 
nies by the act of the 20th March, 1866, shall remain the same 
as they were before said crimes were so reduced ; and the fees in the 
County Court shall be the same as those herein provided for.] (a) 

a) Acts 18G6, p. 153. 



PAKT II. 



THE CIVIL CODE 



TITLE I. 

OF PERSONS 



Chapter 1. — Different kinds of Persons — their RigJits and Status. 
Chaptsr 2. — Of Domicile and the 3Ianner of Changing the same. 



CHAPTER I. 

DIFFERENT KINDS OF PERSONS— THEIR RIGHTS AND -STATUS, 



Article 1. — Of Citizens. 
Article 2. — Of Residents and Aliens. 
Articlm 3. — Of Persons of Color. 
Article 4. — Of Corporations. 



ARTICLE I. 



OF CITIZENS. 



Section. 

1645. Natural and artificial persons. 

1646. Division of natural persons. 

1647. Citizens. 

1648. Rights of citizens. 

1649. Exercise thereoL 



Section. 

1650. Females. 

1651. Minors. 

1G52. Disqualification from crime, 
1653. Insane persons. 



§ 1645. Persons are either natural or artificial. The latter are xatnrst 
the creatures of the law, and except so far as the \2i\i forbids it, peronV "^^ 
subject to be changed, modified, or destroyed, at the will of their 
creator : they are called corporations. 



332 PT. 2.— TIT. 1.— CIIxVP. 1.— Persons. 



Article 1. — Citizens, 



v^ UUG. Natural persons are ilistinguished according to their 
Division riirhts {uid stiitus Into — 1st, citizens; 2d, residents not citizens; 3d, 

of n:Uur:il ^ ■' 

iH^rsous. aliens ; 4th, persons of color. 

i^ 1()47. The persons to whom belong the rights of citizenship 
otizons, ^ii(\ the mode of acquiring and losing the same, have been speci- 
fied in a former Article. 

§ 1(J4S. Among the rights of citizens are the enjoyment of 

Rights of. personal securit3^ of personal liberty, private property and the 

disposition thereof, the elective franchise, the right to hold office, 

to appeal to the Courts, to testify as a witness, to perform any 

civil function, and to keep and bear arms. 

§ 1G49. All citizens are entitled to exercise all their rights as 
thereof. ^ such, uulcss Specially prohibited by law. 

§ 1650. Females are not entitled to the privilege of the elective 
Females, frauchisc, Hor can they hold any civil office or perform any civil 
functions unless specially authorized by law, nor are they required 
to discharge any military, jury, police, patrol, or road duty. 

§ 1651. The law prescribes certain ages at which persons shall 
Minors, bc Considered of sufficient maturity to discharge certain civil func- 
tions, to make contracts, and to dispose of property. Prior to 
those ages they are minors, and are for that disability unable to 
exercise these rights of citizens. 

§ 1652. Citizens under conviction by a Court of this State for a 
Disquaiifi- felony are incapable of exercisins; the elective franchise pendin^oj; 

<;ation from . . . . 

erime. the cxecution of their sentence; and all persons, citizens or other- 
wise, convicted of perjury, false swearing, or forgery, shall be 
incapable of testifying as a witness pending the execution of their 
sentence. 

§ 1653. All persons non compos mentis, either from birth or from 
Insane per- subscqucnt causcs. Constantly or periodically, or from age, infirmity, 
drunkenness, or otherwise incapable of managing their affairs, 
have their persons and estates, or either of them, placed in the 
control of guardians. Such persons retain all the rights of citizens 
which they have the capacity to enjoy, and which are compatible 
with their situation. 



PT. 2.— TIT. l.—CIIAP. 1.— PjaisoNS. 333 



Article 2. — Residents and Aliens. 



ARTiCLK ir, 

F K F. H i: I'] N '1' ,S AM; A 1. 1 10 N H . 



Skction. 

1654. lUg-lits of olti'/ons of U. S. 
1G55. Aliens. 

165G. Rights of alioiiH as to r(!iilty. 
1057. llights to\sue aiul testify. 



1658. LicnK. 

1050. Privilcffcs of cortuin I'rciiciini';n. 

JOOO. Militia duty. 



^ 1054. Such citizens of the other St?itcs of this Union as ai e citiz.^ns' of 

IJ. ts. 

recognized as citizens of the United States by the Constitution 
thereof, shall bo entitled, while residents of this State, to all the 
rights of citizens thereof, except the elective franchise and the 
right to hold office, and to perform such civil functions as are 
confined by law to citizens of this State. 

Ali(;D3. 

§ 1655. Aliens are the subjects of foreign governments not nat- 
uralized under the laws of the United States. 

Rights of 

§ 1656. Aliens, the subiects of governments at peace wdth the ''^'^"^ ^^ ^^ 

'^ 7 J o ^ 1 realty. 

United States and this State, so long as their governments remain 
at peace, shall be entitled to all the rights of citizens of other 
States resident in this State, and shall have the privilege of pur- 
chasing, holding, and conveying real estate in this State. 

§ 1657. The citizens of other States of the United States, or of ^jie and tes- 
foreign States at peace with this State, and friendly Indians, shall 
by comity be allowed the privilege of suing in our Courts or 
giving evidence therein, so long as the same comity is extended in 
their Courts to the citizens of this State. 

§ 1658. Aliens may receive and enforce liens by mortgage or 
otherwise on real estate in this State. 

§ 1659. In accordance with the recommendation of the Congress of terta'in 

rtTTT'ioi 1*1 1* 1 -111 Fiencbmen. 

01 the United btates expressed m the resolution passed on I4th 
January, A.D. 1780, the citizens of the French Government shall 
continue to have the privilege of disposing of and settling their 
estates within this State, as provided in the Act of this State, 
approved February 22d, A.D. 1785. 

§ 1660. Residents not citizens and resident aliens shall not be ' ' 
liable to militia duty, except in so far as repelling local invasions 
or suppressing insurrections. 



Liens. 



oo-k 



PT. 2.— TIT. 1.— CHAP. 1.— Persons. 



Article 3. — Persons of Color. 



ARTICLE III. 



OF PEllSONS OF COLOR. 



Secttok. 

liWl. "Who arc. 

1GG2. Rights of persons of color. 

1663. May testify. 

1664. May file aflidavits, 

1665. Husband and wife. 



Section. 

1666. Marriage ceremony. 

1667. Oblisjation of parent. 

1668. Obligation of children. 

1669. Cliildren — when legitimate. 



§ 16G1. [All negroes, mulattoes, mestizoes, and their descend- 
Who aro ants, liavini]!; one-eicrhth ne(!;ro or African blood in their veins, shall 

persons of ' o cd o t 



T:o!or 



be known in this State as persons of color.] (a) 

§ 16G2. [Persons of color shall have the right to make and en- 
Their rights, force contracts, to sue and be sued, to be parties and give evi- 
dence, to inherit, to purchase, lease, sell, hold, and convey real 
and personal property, and to have full and equal benefit of all 
laws and proceedings for tlie security of person and estate, and 
shall not be subjected to any other or different punishment, pain 
or penalty for the commission of any act or offense than such as 
are prescribed for white persons committing like acts or of- 
fenses.] (a) 

§ 1663. [Persons of color shall be competent witnesses in all 
p^nt ^wu- ^^^ Courts of this State in civil cases whereto a person of color is 
nesses. ^ party, and in all criminal cases wherein a person of color is de- 
fendant, or wherein the offense charged is a crime or misdemeanor 
against the person or property of a person of color.] (a) 

§ 1664. [In all cases now pending, or that may be hereafter in- 
May file stitutcd in anv of the Courts of this State, wherein a person of 

affiflavit— ^ "^ . 

when. color is a party, plaintiff or defendant, it shall be competent for 
such person of color to make and file any affidavit now by law allowed 
a citizen, to advance the remedy or aid the defense, and when so 
made and filed, in conformity with lav^, such action shall be had 
thereon as though the said affidavit had been made and filed by 
any other litigant.] (a) 

§ 1665. [Persons of color living together on the 9th day of 
Husbanri March, 1866, as husband and wife, are hereby declared to sustain 

and wife— , , , , . i n t 

when. that legal relation to each other, unless a man shall have two or 
more reputed wives, or a woman two or more reputed husbands. 
In such event, the man shall immediately select one of his re- 



(a) Acts of 18G5-6, p. 239. 



I>T. 2.— TIT. 1.— CIIAP. 1.— Persons. 835 

Articlci 8. — Persons of Color. 



puted wives, with her consent, or tlie woman one of her reputed 
husbands, with his consent, and the ceremony of marriage between 
these two shall bo performed. If such man, thus living with . Adultery, 
more than one woman, or such woman living with more than one '^''m"''"'-'!- 
man, shall fail or refuse to comply with the provisions of this Sec- 
tion, he or she shall bo prosecuted for the oflense of fornication, 
or fornication or adultery, or fornication and adultery, and pun- 
ished accordingly.] (a) 

§1666. fit shall be lawful for ordained colored ministers of the Who may 

.. * jL . perform 

)spel, or ministers or the Gospel of African descent, to celebrate mnrriaL'e ce- 



remony. 

marriage between freedmen and freedwomen, or persons of Afri- 
can descent, only, under the same terms and regulations* as are 
now required by the laws of the State for marriages between free 
white citizens of this State.] (b) 

§1667. fAmons: persons of color the parent shall be required Parents 

. , . , 1 ., , 111.- -it • • shall main- 

to maintain his or her chiidren, whether legitimate or liiefljiti- tain cmi- 
mate.] (a) 

§ 1668. rChildren shall be subiected to the same obligations in obligations 

^ L 'J ^ of children. 

relation to their parents as those which exist in relation to white 
persons, and in all cases when the parents have separated and 
the children remain with the mother, she shall have control of 
such children during their minority.] (c) 

§ 1669. PEvery colored child born before the 9th day of March, chiia le^iti- 

. '- '' ^ ^ "^ mate— when 

1866, is hereby declared to be the legitimate child of his mother; 
but such child is the legitimate child of his colored father only 
when born within what was regarded as a state of wedlock, or 
when the parents v^eve living together as husband and wife.] (d) 



ARTICLE ly. 
OF CORPORATIOKS. 



Section 1. — Their Nature and Kinds. 
Section 2. — Their Creation. 
Section 3.' — Their Poiuers and Liabilities. 
Section 4. — Their Dissolution. 

(a) Acts 1865-6, p. 239. (b) Acts of 1866, p. 156. (c) Acts of 1865-6, p. 240, 
and Acts of 1866, p. 157. (d) Acts of 1865-6, pp. 239-40, and Acts of 1866, 
pp. 150-7, 



336 



PT. i!.-— TIT. 1.— CHAP. 1.— ART. 4.— Persons. 



Soction 1.— Thoir X:Uure and Kinds. 



SECTION I. 



THEIR NATURE AND KINDS. 



1(>70. Definition. 

loTl. Public :inil pvivatc. 



Skctiox. 

1G72, Public. 
1073. Private. 



§ 1670. A corporation is an artificial person created by law for 
Definition, spccific piirposes, tliG limit of whose existence, powers and liabili- 
ties is fixed by the act of incorporation, usually called its charter. 

§ 1671. Corporations arc either public or private. 

§ 16712. A public corporation is one having for its object the 
administration of a portion of the powers of government, dele- 
gated to it for that purpose : such are municipal corporations. 

§ 1673. All others are private, whether the object of incorpora- 
tion be for public convenience or individual profit, and whether the 
purpose be, in its nature, civil, religious, or educational. 



Public or 
private. 

rublic. 



Private. 



SECTION 11. 



THEIR CREATION 



Sectiox. 

1674. By Avliom created, 

1675. Foreign corporations. 



Section. 

1676. Organization under order of Court. 



§ 1674. The power to create corporations in this State vests in 
cr^itc'd^'''" the General Assembly, and the Courts, by whom all charters must 
be granted. 

§ 1675. Corporations created by other States or foreign gov- 
Foreisn cor- emnients, are rcco2:nized in our Courts only by comity, and so lonff 
as the same comity is extended in their Courts to corporations 
created by this State. 

§1676. A private corporation, for any purpose whatever, ex- 
Or-aniza- ccpt banking or insurance, may be created in this State by com- 

tlon under / . • , , r- n • • . 

order of plying With thc lollowing provisions : 

1. [TIic persons desiring the charter shall file in the office 
of the Clerk of thc Superior Court of the County in which 
they desire to transact business, a petition or declaration, speci- 
fying the objects of their association, and the particular business 
they propose to carry on, together with their corporate name, and 



Petition. 



PT. 2.— TIT. 1.— CHAP. 1.— AKT. 4.— Plkhons. 337 



Section 2. — Their creation. 



tlio amount of capital to be cinploycd }>y tlioni actually paid in, Corporate 
and their place of doing business, and the time not exceeding '-W'"-ai sUKk 
twenty years, for which they desire to be incorporated ; which pe- 
tition or declaration shall be recorded by said Clerk, and shall also 
be published once a Aveek, for one month, in the nearest public f^a- , Pf^tition to 
zette to the point where such business is located, before said Court ajj'i puuish- 
shall pass an order declaring said application granted.] (a) 

2. If, upon hearing such petition, the Court shall be satisfied Order, 
that the application is legitimately within the purview and inten- 
tion of this Code, it shall pass an order declaring the said appli- 
cation granted, and the petitioners and their successors incorpo- 
rated for and during a term not exceeding twenty years, with the 
privilege of renewal at the expiration of that time, according to 

the provisions above set forth. A certified copy of this petition 
and order under the seal of the Court, shall be evidence of such 
incorporation in any Court in this State. 

3. [No corporation created under this Article shall commence Ten per 
to exercise the privileges conferred oj the charter, until ten per be paid in. 
cent, of the capital stock is paid in, and no charter shall have any 

force or effect for a longer period than two years, unless the cor- 
porators, within that time, shall in good faith commence to exer- 
cise the powers granted by the act of incorporation; and in case 
of the failure of said corporation, the stockholders shall be bound individual 
in their private capacity, to any creditor of said corporation, for ^^ ^ ^^^' 
the amount of stock subscribed for by him, until the said subscrip- 
tion is fully paid up, or until the stockholder shall have paid, out 
of his private property, debts of the said corporation to an amount 
equal to his unpaid subscription.] (a) 

4. The Clerk of the Court, for his services, shall receive the Fees. 
usual fees allowed for similar services in other cases. 

5. Corporations thus created may exercise all corporate powers Powers. 
necessary to the purpose of their organization, but shall make no 
contract or purchase, or hold any property of any kind, except 

such as is necessary in legitimately carrying into effect such pur- 
pose, or for securing debts due to the company. 

■ (a) Acts of 1865-6, pp. 27-8. 

22 






FT. :!.— TIT. 1.— CHAr. 1.— ART. 4.— -Persons. 



^cctii>u o. — The Fo'svers and Liabilities of Corporations. 



SECTION III. 

THE POWERS AND LIABILITIES OF CORPORATIONS. 



Sectiok. 

ItiTT, Continuance. 
107S. Common powers. 



Section. 

1679. Responsibility for acts of officers. 



§ 1677. Corporations have continuous succession during the 
Continuance time limited by their charter, notwithstanding the death of their 
members. Shouhi any charter granted in future by the General 
Assembly to a private corporation be silent as to its continuance, 
such charter shall expire at the end of thirty years from the date 
of its grant. 

§ 1678. All corporations have the rigKt to sue and be sued, to 
Common havo and use a common seal, to make by-laws, binding on their 
own members, not inconsistent with the laws of this State and of 
the United States, to receive donations by gift or will, to purchase 
and hold such property, real or personal, as is necessary to the 
purpose of their organization, and to do all such acts as are neces- 
sary for the legitimate execution of this purpose. 

§ 1679. Every corporation acts through its officers, ^.nd is re- 
Eesponsi- Sponsible for the acts of such officers in the sphere of their appro- 

bility for ^ , ... . . 

acts of offi- priate duties ; and no corporation shall be relieved of its liability 
to third persons for the acts of its officers, by reason of any by- 
law or other limitation upon the power of the officer, not known 
to such third person. 



SECTION IV. 



OF THE DISSOLUTION OF CORPORATIONS 



Section*. 

1680. Of public corporations. 

1681. Private charters. 

1682. Heretofore granted. 
168.'i. How dissolved. 
1684. How forfeited. 



Section. 

1685. Surrender. 

1686. Death of members. 

1687. Disposition of assets. 

1688. Collateral liabilities. 



§ 1680. Public corporations being established for public pur- 
PMrntion^^"^ poses, are always subject to dissolution by the act of the General 
Assembly. 



PT. 2.—TIT. 1.— CHAP. 1.— ART. 4.— Persons. 889 



Section 4. — The Dissolution of Corporations. 



§ 1681. In all cases of private charters hereafter granted, the iTivate 
'State reserves the right to withdraw the franchise, unless such 
right is expressly negatived in the charter. 

§ 1682. Private corporations heretofore created, without the lUretotore 

. . . . . . , , (/ranted. 

reservation of the right of dissolution, and where individual ' 
rights have becorae vested, are not subject to dissolution at the 
will of the State. 

§ 1683. Every corporation is dissolved — 1st, by expiration of How Vis- 
its charter; 2d, by forfeiture of its charter; 3d, by a surrender 
of its franchises ; 4th, by the death of all its members without pro- 
vision for a succession. 

§1684. A corporation may forfeit its charter — 1st, by a willful .Ho^ for- 
violation of any of the essential conditions on which it is granted ; 
2d, by a misuser or non-user of its franchises. This dissolution 
dates from the judgment of a Court of competent jurisdiction 
declaring the forfeiture. 

§ 1685. A corporation may be dissolved by a voluntary sur- surrender, 
render of its franchises to the State. In such case, such surren- 
der does not relieve its officers or members from any liability for 
the debts of the corporation. 

§ 1686. The death of all the members of a corporation, or of Death of 
so many of them as to render it impossible under the charter to 
provide a succession, is a dissolution thereof. 

§ 1687. Upon the dissolution of a corporation, for any cause, Disposi- 
all 01 the property and assets oi every description belonging to sets. 
the corporation shall constitute a fund — first, for the payment of 
its debts, and then for equal distribution among its members. To 
this end the Superior Court of the County where such corpora- 
tion was located shall have power to appoint a receiver, under 
proper restrictions, properly to administer suqh assets under its 
direction. 

§ 1688. The dissolution of a corporation, from any cause, shall collateral 
not, in any manner, affect any collateral or ultimate or other lia- 
bility, legally incurred by any of its officers or members. 



uo 



PT. 2.— TIT. 1.— Persons!, 



Chapter C. — Domioil and the Manner of Changhig the same. 



CHAPTER II. 

OF DO-MICIL AND THE MANNER OF CHxiNGING THE SAME, 



Skctiox. 

ll»SO. General rule. 

ItV.X). Persons residing at two or more, etc. 

1091. Feme covert, 

1692. Of minor. 



Section. 

1693. Lunatics, etc. 

1694. Change of domicil. 

1695. Of persons not '^ sxii juris." 



Doiuicil. 



§ 1689. The domicil of every person of full age, and laboring 
under no disability, is the place where the family of such person 
shall permanently reside, if in this State. If he has no family, 
or they do not reside in this State, then the place where such per- 
son shall generally lodge shall be considered his domicil. 

§ 1690. If a person shall reside indifferently at two or more 

Election of places in this State such person shall have the privilege of elect- 
ing which shall be his domicil, and if such election be made no- 
torious the place of his choice shall be his domicil. If no such 
election be made, or if made is not generally known among those 
with whom he transacts business in this State, third persons may 
treat either one of such places as his domicil, and it shall be so 
held : and in all cases a person who habitually resides a portion 
of the year in one County and another portion in another, shall 
be deemed a resident of both, so far as to subject him to suits in 
either for contracts made, or torts committed in such County. 
Trar.sient Transient persons whose business or pleasure causes a frequent 
change of residence, and having no family permanently residing 
at one place in this State, shall be held and deemed as to third 
persons to be domiciled at such place as they at the time tempora- 
rily occupy. 

§1691. The domicil of a married woman shall be that of her: 
Feme co- husband, except in two cases : 1st, of voluntary separation and liv- 
ing apart; 2d, of a pending application for divorce. In which case 
her domicil shall be determined as if she were a, feme sole. 

§ 1692. The domicil of every minor shall be that of his father. 

Of minor, if alive, uulcss such father has voluntarily relinquished his pa- 
rental authority to some other person. In such event, the domicil 
of the minor shall be that of his master, if an apprentice, or his 
employer;- if neither master or employer, then the place of his 
own choice ; if the father be dead, then the domicil of the minor 
shall be that of his guardian^, if he has one in this State ; if no 



persons. 



ve 



PT. 2.— TIT. 1.— Persons. ^j41 



Chapter 2. — Domicil and the Manner of Changing the same. 

guardian, then of his mother, if alive ; if no mother, then of his 
^employer,; if no employer, then of his own choice. The domicil 
of a bastard shall be that of his mother. 

§ 1693. Persons of full age, who for any cause arc placed under Lunatics, 
the power of a guardian, have the same domicil with the guardian. 

§ 1694. The domicil of a person "sm juris,'' may be changed chance of 
by an actual change of residence with the avowed intention of 
remaining. A declaration of an intention to change the domicil 
is ineffectual for that purpose until some act done in execution of 
the intention. 

§ 1695- A person whose domicil for any reason is dependent of persons 
upon that of another can, by no act or volition of his, eff'ect a juris:' 
^change of his own domicil ; nor can a guardian change the domicil 
of his ward 'by a change of his own or otherwise, so as to interfere 
with the rules of inheritance or succession, or otherwise affoct the 
Tights or interests of third persons. 



6^^ 



TITLE 11. 

OF THE DOMESTIC RELATIONS 



Chapter l.-^Of Husband and Wife. 
Ohapter 2. — Of Parent and Child, 
Chapter 3« — Of Ofuardian aiid Ward. 
Ohapter 4. — Of Master and Servant. 



CHAPTER L 

OF HUSBAND AND WIFE 



Article 1. — Of Marriage and Divorce. 

Article 2. — Of the Rights and Liabilities of Husbandand Wife, etc, 

Article 3. — Of Marriage Contracts and Settlements. 



342 FT. -2.— TIT. l'.— CHAP. 1.— ART. 1.— Domestic Relations. 



Section 1. — ^[arriaiio — how aud by wliom contracted. 



ARTICLE I. 
OF MARRIAGE AND DIVORCE. 



Section 1. — Blarriage — lioiu and hy, toliom contracted. 
Section 2. — Divorces^ and how obtained. 
Section 3. — Of Alimony. 







SECTION I. 




MARRIAGE - HOW 


AND 


BY WHOM contracted. 


Sectio 


r. 






Section. 


1696. 


Restraint of marriage. 






1703. Return of marriage by bans. 


1697. 


Essentials of marriage. 






1704. Consent of parents. 


1698. 


Who is able to contract. 






1705. Penalty on persons ofiiciating.. 


1699. 


Prohibited degrees. 






1706. Jewish marriages. 


1700. 


Consent. 






1707. Amalgation prohibited. 


1701. 


Void marriages. 






1708. Want of authority in minister, etc 


1702. 


Licenses — how granted. 






1709. Marriage in another State. 



§ 1696. Marriage is enconraged by the law, and every effort to 
Kostraints restrain or discourage marriage by contract, condition, limitation^ 
or otherwise, is invalid and void. Prohibiting marriage to a par- 
ticular person or persons, or before a certain reasonable age, or 
other prudential provision looking only to the interest of the per- 
son to be benefited, and not in general restraint of marriage, will 
be allowed and held valid. 

§ 1697. To constitute a valid marriage in this State there must 



Essentip.b bc 
of marriage. 



1. 

2. 



3. 



Parties able to contract. 
An actual contract. 
Consummation according to law. 
§ 1698. To be able to contract marriage, a person must be of 
Who is sound mind ; if a male^, at least seventeen years of age, and if a 
female at least fourteen years of age, and laboring under neither 
of the following disabilities — viz : 

1. Previous marriage undissolved. 

2. Nearness of relationship by blood or marriage, as hereinaf- 
ter explained. 

3. Impotency. 



tract. 



PT. 2.— TIT. 2.— CHAP. 1— ART. 1.— Domestic Relations. 343 

Section 1. — Marriage— how and by whom contracted. 



§ 1699. Marriages between persons related by affinity in the Prohiuu-A 

... . degrees. 

following manner are prohibited — viz : A man shall not marry his 
step-mother, or mother-in-law, or widow of his uncle, or daughter- 
in-law, or step-daughter, or grand-daughter of his wife. A wo- 
man shall not marry her corresponding relatives. Marriages with- 
in the degrees prohibited by this Section are incestuous. 

§ 1700. To constitute an actual contract of marriage, the par- con8«nt. 
ties must be consenting thereto voluntarily, and without any fraud 
practiced upon either. Drunkenness at the time of marriage, 
brought about by art or contrivance to induce consent, shall be 
held a fraud. 

§1701. Marriages of persons unable to contract, or unwilling yom mar- 
to contract, or fraudulently induced to contract, are void. The 
issue of such marriages, before they are annulled and declared issue- 
void by a competent Court, are legitimate. In the latter two cases, 
however, a subsequent consent and ratification of the marriage, 
freely and voluntarily made, accompanied by cohabitation as hus- ratification. 
band and wife, shall render valid the marriage. 

^ 1702. Marriage licenses shall be granted by the Ordinaries, Licenses— 

^ r how granted 

or their deputies, of the several Counties where the female to be 

married resides, if resident in this State, directed to any Judge, 

Justice of the Inferior Court, Justice of the Peace, or Minister of 

the Gospel, authorizing the marriage of the persons therein named, 

and requiring such Judge, Justice, or Minister to return the said Eetum and 

license to the Ordinary, with his certificate thereon as to the fact 

and date of the marriage, which license, with the return thereon, 

shall be recorded by the Ordinary, in a book kept by him for that 

purpose. 

§ 1703. If any Judge, Justice, or Minister shall connect in mar- Eetum of 
riage persons whose bans have been published, such Judge, Justice, bans. 
or Minister shall certify the fact to the Ordinary of the County 
where such bans were published, who shall record the same in the 
same book with marriage licenses. 

§1704. It shall be the duty of the Ordinary and his deputy to Consent of 

"^ . parents. 

inquire as to the ages of all persons for whom marriage licenses 
are asked, and if there be any ground of suspicion that the female 
is a minor under the age of eighteen years, such Ordinary and 
his deputy shall refuse to grant the license until the written con- 
sent of the parent or guardian, if any, controlling such minor 
shall be produced and filed in his office ; and any Ordinary who, 



344 PT. 2.— TIT. i!.— OIIAr. 1. — ART. 1. — Domestic Relations. 



Section 1. — ^Marriage — ^bow and by ■whom contracted. 



marnaires, 



bv liimself or deputy, shnll knowingly grant such license without 
such consent, or without proper precaution, in inquiring as to the 
Tensity on fact of minority, or for the marriage of a female to his knowledge 
"^ ^"'' donilcilod in another County, shall forfeit the sum of five hundred 
dollars for every such act, to be recovered at the suit of the Clerk 
of the Superior Court, and added to the Educational Fund of the 
County. 

§ 1705. Any Judge, Justice, or Minister who shall join in mar- 
TonnitT on riage any couple without such license, or the publication of bans, 
dating. shall forfeit the sum of five hundred dollars, to be recovered and 
appropriated as set forth in the foregoing Paragraph. 

§ 1706. Upon request, the Ordinary may direct the marriage 
Jewish license to any Jewish Minister, or other person of any religious 
society or sect, authorized by the rules of such society, to per- 
form the marriage ceremony, who shall make return thereon as be- 
fore required. 

§ 1707. [The marriage relation between white persons and per- 
Amaifra- sons of African descent is forever prohibited, and such marriages 
iiibited. shall be null and void.] (a) 

§ 1708. A marriage valid in other respects, and supposed by the 
Want of parties to be valid, shall not be aifected by a want of authority in 

anthority in. ^ . . . in ii 

Minister or the Miuistcr or Justico to solcmnize the same ; nor snail such ob- 
J p 

jection be heard from one party who has fraudulently induced the 

other to believe that the marriage was legal. 

§ 1709. All marriages solemnized in another State by parties in- 

Marrifttre tcndiuff at the time to reside in this State shall have the same le- 

in another *-" i i • rt t-* 

State. gal consequences and effect as if solemnized in this State. Par- 

ties residing in this State can not evade any of the provisions of 
its laws as to marriage by going into another State for the sol- 
emnization of the marriage ceremony. * 

(a) Constitution of 1865, Art. 5, Sec. 1, Par. 9. 

* As to marriage of persons of color see Sections 1665 and 1666. 



PT. 2.— TIT. 2.— CHAP. 1.— ART. 1.— Domestic Relationr. 345 



Section 2. — Divorces — how obtained. 



SECTION II. 

OF DIVORCES, AND HOW OBTAINED. 



Srction. 

1710. Total and partial. 

1711. Grounds for total divorce. 

1712. Discretionary grounds. 

1713. Grounds for partial divorco. 

1714. Condonation, collusion, etc. 

1715. Confessions of party. 
171(3. Proceedings. 

1717. Respondent may ask divorco. 

1718. Libellant shall not dismiss. 

1719. Schedule. 

1720. Transfer pending suit. 



Skction. 

1721. Verdict of jury. 

1722. New trial?-'. 

172.'}. Judgment or decree. 

1724. Conscientious scruples. 

1725. Effect of total divorce. 
172G. Rights and disabilities. 

1727. Effect of i)arti.'i,l divorce. 

1728. Custody of children. 

1729. Renewal— cohabitation. 

1730. Ux parte cSiSQS. 



Grounds 
for total 
divorce. 



§1710. Divorces may be granted by the Superior Court, arxd Total and 
shall be of two kinds — total, or from bed and board. The con- 
current verdict of two special juries, at the same term or other- Twover- 
wise, shall be necessary to a total divorce ; [and in case there be 
but one panel of Grand Jurors impanneled at the same term, it 
shall be lawful for the presiding Judge to have a second jury im- 
panneled from said Grand Jury, composed of Grand Jurors sum- 
moned to the same term, and in the event of a deficiency, the 
same may be completed by tales jurors, under the direction of 
said Judge.] (a) A divorce from bed and board may be granted 
on the verdict of one special jury. 

§ 1711. The following grounds shall be sufiicient to authorize 
the granting of a total divorce : 

1. Intermarriage by persons within the prohibited degrees of 
consanguinity and affinity. 

2. Mental incapacity at the time of the marriage. 

3. Impotency at the time of the marriage. 

4. Forces, menaces, duress, or fraud, in obtaining the marriage. 

5. Pregnancy of the wife, at the time of marriage, unknown to 
the husband. 

6. Adultery in either of the parties after marriage. 

7. Willful and continued desertion by either of the parties for 
the term of three years. 

8. The conviction of either party for an offense involving moral 
turpitude, and under which he or she is sentenced to imprisonment 
in the penitentiary for the term of two years or longer. 



(a) Acts of 1866, p. 21. 



34G PT. 2.— TIT. 2.— CIIAr. 1.— ART. 1.— Domestic Relations. 

Section 3. — Divorces — how obtained. 

§ 1712. In cases of cruel treatment or habitual intoxication by 
Disorx^tion- either party, the iury in their discretion may grant either a total 
or partial divorce. 

§ 1713. Divorces from bed and board may be granted on any 
Groumis crrouud whicli was held sufficient in the English Courts prior to 4th 

for parthil - 

divorco. May, 1 < o4. 

§ 1714. If the adultery, desertion, cruel treatment, or intoxica- 
condona- tiou complaiucd of shall have been occasioned by the collusion of 

tion, coUu- / I'll. • n • t -pi 

sion, etc, the parties, and with the intention oi causing a divorce, or if the 
party complaining was consenting thereto, or if both parties have 
been guilty of like conduct, or if there has been a voluntary con- 
donation and cohabitation subsequent to the acts complained of, 
and with notice thereof, then no divorce shall be granted ; and in 

Discretion all cascs, the party sued may plead in defense the conduct of the 

of jury. ' J. ./ V i 

party suing, and the jury may, on an examination of the whole 
case, refuse a divorce. 

§ 1715. The confessions of a party to acts of adultery or cruel 
Confessions treatment, should be received with great caution, and if unsup- 
ported by corroborating circumstances, and made with a view to 
be evidence in the cause, should not be deemed sufficient to grant 
a divorce. 

§ 1716. The action for divorce shall be by petition and process, 
Proceedings, as in Ordinary suits, filed and served as in other eases, unless the 
defendant be non-resident of this State, when service shall be per- 
fected as prescribed in this Code in causes in equity. The same 
rules of pleading shall obtain as in other causes at law. 

§ 1717. [When a libel for divorce is instituted, the respondent 

Eesiwndent may in his or her plea and answer recriminate, and ask a divorce in 

vorce, when, his or her favor ; and if on the trial, the jury believe such party is 

entitled to divorce, instead of the libellant, they may so find upon 

legal proof, so as to avoid the necessity of a cross-action. ] (a) 

§1718. [If one verdict is found in favor of the respondent, 

Libeiknt the libellant can not dismiss his or her suit, without the consent of 

can not di.s- 

miss^when. thc oppositc party. ] (a) 

§ 1719. In all suits for divorce, the party applying shall render 
Schedule, a Schedule, on oath, of the property owned or possessed by the 
parties at the time of the application — or at the time of separa- 
tion, if the parties have separated — distinguishing the separate 

(a) Acts of 1863-4, p. 45. 



PT. 2.— TIT. 2.— CHAP. 1.— ART. 1.— Domestic Relations. 347 

Section 2. — DivorccH — how obtained. 



estate of the wife, if there be any, which shall he filed with tho )» ;.o-jiMoa 

of property. 

petition, or pending the suit, under the order of the Court. Ihe 
jury rendering the final verdict in the cause may provide perma- 
nent alimony for the wife, cither from tlie corpus of the estate or 
otherwise, according to the condition of the husband and the source 
from which the property came into the coverture. 

S 1720. After a separation, no transfer by the husband of any Transfer 
of the property, except bona fide, in payment of pre-existing 
debts, shall pass the title so as to avoid the vesting thereof, ac- 
cording to the final verdict of the jury in the cause. 

§1721. The verdict of the jury shall specify the kind of di- verdict of 
vorce granted, and the disposition to be made of the scheduled ^^^^' 
property. 

§ 1722. New trials may be granted from verdicts on applications New trials. 
for divorce, as in other cases. 

§ 1723. The verdicts of juries disposing of the property in di- Judgment 
vorce cases shall be carried into effect by the Courts, by entering 
up such judgment or decree, or taking such other steps usual 
in Chancery Courts as will effectually and fully execute the same. 

§ 1724. A iuror having conscientious scruples as to granting Conscien- 

^^ / o . . tious scru- 

divorces, is incompetent to serve on such applications. At the pies- 
request of the complainant the Court may inquire of the panel 
touching such scruples. 

§1725. A total divorce annuls the marriage from the time of Eflfect of to- 

-,. . ' ^ c 1 • 1 • . , tal divorce. 

its rendition, except it be tor a cause rendering the marriage void 
originally, but in no case of divorce shall the issue be rendered 
bastards, except in cases of pregnancy of the wife at the time of 
the marriage. 

§1726. [In each divorce ease, the Court shall regulate the Ki-htsand 

. , *-* disabilities- 

rights and disabilities of the parties.] (a) regulation of 

§ 1727. A divorce from bed and board authorizes neither party Etfectofpar- 

i: J tial divorce. 

to marry; and if a sufficient provision for the maintenance of 
the wife has been made by the verdict of the jury, the husband 
shall not be liable for her future support. The wife shall be a 
feme sole as to her earnings and property, as well as liberty, 
after a divorce from bed and board. 

§ 1728. In all cases of divorce granted, the party not in default custody (^ 

^ ^ r J children. 

shall be entitled to the custody of the minor children of the mar- 
(a) Constitution of 1865, Article 4, Section 2> Clause 3. 



348 PT. 2.— TIT. :2.— CHAP. 1.— ART. 1.— Domestic Relations. 



Section 3. — Divorces — how obtained. 



riage. The Court, however, in the exercise of a sound discretion, 
may look into all the circumstances, and, 'after hearing both par- 
ties, make a different disposition of the children, withdrawing 
thorn from the custody of either or both parties, and placing them, 
if necessary, in the possession of guardians appointed by the Ordi- 
nary. The Court may exercise a similar discretion pending the 
libel for divorce. 

§ 1729. Parties divorced from bed and board, on subsequent 
Renewed reconciliation, may live to^ijether a^ain as husband and wife, by 

cohabitation . . . "^ 

first filing in the office of the Ordinary of the County where the 
divorce was granted, their written agreement to that effect, at- 
tested b}^ the Ordinary. 

§ 1730. In divorce cases proceeding ex parte, it is the duty of 
Er parte the Judge to see that the grounds are legal, and sustained by 
proof, or to appoint the Solicitor General, or some other attorney 
of the Court, to discharge that duty for him. 



SECTION III. 



OF ALIMONY. 



Section. 

1731. Pei'manent and temporary. 

1732. Proceedings to obtain. 

1733. Discretion of Judge. 

173-4. Revision and enforcement. 

1735. Merits not in issue. 

1736. Permanent alimony — when granted. 



Section. 

1737. Husband's voluntary deed. 

1738. Decree in equity. 

1739. Liability to third persons, etc. 

1740. After alimony granted. 

1741. Subsequent cohabitation. 

1742. Int(?i'est of wife in husband's estate. 



§ 1731. Alimony is an allowance out of the husband's estate, 
. permanent made for the support of the wife, when living separate from him. 
rary. It is either temporary or permanent. 

§ 1732. Whenever an action for divorce, at the instance of 
Proceedings either party, is pending, or a suit by the wife for permanent ali- 
mony, the wife may, at any regular term of the court in which the 
same is pending, apply to the presiding Judge, by petition, for an 
order granting to her temporary alimony pending the cause ; and, 
after hearing both parties, and evidence as to all the circumstan- 
ces of the parties and as to the fact of the marriage, the Court 
shall grant an order allowing such temporary alimony, including 
expenses of litigation, as the condition of the husband and the 
facts of the case may justify. 



PT. 2.— TIT. 2.— CHAP. 1.— ART. 1.— Domestic Helations. 349 



Section 8. — Alimony. 



§ 1733. In arriving; at the proper provision, the Judrrc shjill Discretion 
consider the peculiar necessities of the wife, growing out of the 
pending litigation ; he may also consider any evidence of a sepa- 
rate estate owned by the wife, and if such estate is ample, as 
compared with the husband's, temporary alimony may be refused. 

^ 1734. The order allowing: alimony shall bo subject to revis- v.cvMnn 

. ■ '' . ; . and enforce- 

ion by the Court at any time, and may be enforced either by writ "'^■^'t. 
of fieri facias or by attachment for contempt against the person of 
the husband. A failure to comply with the order shall not de- 
prive the husband of his right either to prosecute or defend his 
cause. 

§1785. On applications for temporary alimony, the merits of^icritsnot 
the cause are not in issue, though the Judge, in fixing the amount 
of alimony, may inquire into the cauae and circumstances of the 
separation rendering the alimony necessary, and in his discretion 
may refuse it altogether. 

§ 1736. Permanent alimony is granted in the following cases : arrTn""^^ 
1st, of divorce as considered in the former Section ; 2d, in cases J^^^ ^'■'^^^' 
of voluntary separation ; 3d, where the wife, against her will, is 
either abandoned or driven off by her husband. 

§ 1737. In either of the two latter cases the husband may vol- Husband's 

*' voluntary 

untarily, by deed, make an adequate provision for the support and ^'^^^• 
maintenance of his wife, consistent with his means and her former 
circumstances, which shall be a bar to her right to permanent ali- 
mony. 

§1738. In the absence of such provision, on the application of Decree in 

•■■•'■■•■'■ equity.. 

the wife^ a Court of Equity may, by decree, compel the husband 
to such provision for the support of the wife and such minor chil- 
dren as may be in her custody, as indicated in the foregoing Par- 
agraph. 

§ 1739. Until such provision is made, voluntarily, or by decree Liability to 

^ ' ./ ? ^ ^ third person 

or order of the Court, the husband shall be liable to third persons before, etc. 
for the board and support of the wife, and for all necessaries fur- 
nished to her, or for the benefit of his children in her custody. 

§1740. When permanent alimony is 2;ranted, the husband ceases ^^^r aiimo- 

, c/ o 7 jjy granted. 

to be liable for any debt or contract of the wife ; on the other 
hand, he ceases to have any power to control her acquisitions by 
purchase, or descent, or gift, or otherwise ; and the property of 
the husband set apart for the support of the wife is not subject to 
his debts or contracts so long as she lives. 



S50 



n. 2.— TIT, 2.— CHAP. 1.— Domestic Relations. 



Article 2.— The Rights and Liabilities of Husband and Wife, etc. 

vj 1741. The subsequent voluntary cohabitation of the husband 
Snbs«»- aiul >vlle shall annul and set aside all provision made, either by 

quent co- • m • 

iwbitations. ^\qq(\ or dccree, for permanent alimony. The rights of children 
under any deed of separation or voluntary provision for alimony 
shall not be affected thereby. 

§ 1742. After permanent alimony granted, upon the death of 

intorost of the husbaud the ^vife is not entitled to any further interest in his 

wife in li us- ^ ^ '^ 

hand's OS- estate in her right as wife, but such permanent provision shall be 
continued to her, or a portion of the estate equivalent thereto 
shall be set apart to her. 



laU\ 




'<^'^' 



ARTICLE II. 



OF THE RIGHTS AND LIABILITIES OF HUSBAND AND WIFE AND 

HEREIN OF DOWER. 



Section. 



1743. Husband is head of family. 

1744. Separate property of wife. 

1745. Torts to wife. 

1746. Acquisitions of wife» 

1747. Agency of wife. 

1748. Liability of husband for necessaries. 

1749. General agency of wife» 

1750. Free trader. 

1751. Husband sole heir. 

1752. Wife-^when sole heir» 

1753. Dower. 



Srction. 

1754. How barred. 

1755. Election in case of bequests, etc. 

1756. Election in ignorance. 

1757. Dower in several tracts. 

1758. Dwelling house. 

1759. Lien no bar. 

1760. Life estate in proceeds of sale. 

1761. Or absolute estate in specified sum. 

1762. Earnings of wife. 

1763. Paraphernalia. 

1764. Wife may appear against husband. 



§ 1743. In this State the husband is the head of the family, and 
Husband the "wifc is subiect to him ; her le^al civil existence is merged in 

is head of J ? b ^ to 

family. the husband, except so far as the law recognizes her separately, 
either for her own protection, or for her benefit, or for the preser- 
vation of public order. 

§ 1744. [All the property of the wife at the time of her mar- 

"Wife's prop- riagc, whether real, personal, or choses in action, shall be and re- 

crty — when ° ' ' 1 J ? 

separate. main the separate property of the wife; and all property given to, 
inherited, or acquired by the wife during coverture shall vest in 
and belong to the wife, and shall not be liable for the payment of 
any debt, default, or contract of the husband.] (a) 

§ 1745. If a tort be committed upon the person or reputation 

Torts to wife of the wife, the husband may recover therefor; if, however, the 
wife is living separate from the husband she may sue for such torts, 



(a) Acts of 1866^ pp. 146-7> 



FT. 2.— TIT. 2.— CHAP. 1.— Domestic Relations. 351 



Article 2. — The Rights and Liabilities of Husband and Wifo, etc. 



and also torts to her cliildrcn, and recover the same to her une. In onivincKe- 

xiixmU: from 

like manner, when separated from the liusband, she may enforce i'u«i^HDfL 
contracts made in reference to her own acquisitions. 

§ 1746. When living separate from her husband the acouisi- Awiuisiiions 
tions of a wife and of her children livin^r with her, shall he vested int.' Beimatc 

^ f r o m h e r 

in the wife for her separate use, free from the debts, contracts, ha»bond. 
or control of her husband, and at her death, intestate, the same 
shall descend to her children, and if none, to her next of kin. 

§ 1747. The husband is bound to support and maintain his Tvife, . A^f ncy 

" ^ * ' ot wife 1 n 

and his consent shall be presumed to her agency in all purchases refiptct to 

■^ . . necessaries. 

of necessaries suitable to her condition and habits of life, made 
for the use of herself and the family. This presumption may be 
rebutted by proof. 

^ 1748. The husband is bound for necessaries furnished to the Liability of 

" ^ ^ ^ husband for 

wife, when separated from him, subject to the limitations herein- necessaries. 
before provided. If the wife be living in adultery with another 
man, the husband is not liable ; but notice by the husband shall 
not relieve him from liability if his wife is separated from him by 
reason of his own misconduct ; if she voluntarily abandons him 
without sufficient provocation, notice by the husband shall relieve 
him of all liability for necessaries furnished to her. 

§ 1749. The wife may act as attorney and ao;ent for the hus- Gererai 

*' . agency of 

band, but, except in cases before mentioned, proof of such author- ^"f^. 
ity must be made as in other cases. 

§ 1750. The wife, by consent of her husband, evidenced by no- Free trader. 
tice in a public gazette for one month, may become a public or free 
trader ; in which event she is liable as a feme sole for all her con- 
tracts, and may enforce the same in her own name. In such cases 
the acquisitions of the wife become her separate estate. 

§ 1751. Upon the death of the wife the husband is her sole Husband 

*• ^ ^ ' ^ 8ole heir. 

heir, and upon payment of her individual debts, if any, may take 
possession thereof without administration. 

§ 1752. Upon the death of the husband, without lineal descen- wife— when 

*■ ^ ^ ^ ' sole heir. 

dants, the wife is his sole heir. 

§ 1753. Dower is the right of a wife to an estate for life in one- Dewer. 
third of the lands, according to valuation, including the dwelling- 
house (which is not to be valued unless in a town or city) of which 
the husband was seized and possessed at the time of his death, or 
to which the husband obtained title in right of his wife. 

§ 1754. Dower may be barred — 



352 FT. 2.— TIT. 2.-— CIL-VP. 1.— Domestic Relations. 



Article 3. — The Rights and Liabilities of Husband and Wife, etc. 



1. Cy provision made prior to the marriage and accepted by the 
HowbumHi. "\vife in lieu of dower. 

2. By a provision made by deed or will, and accepted by the 
wife after the husband's death, expressly in lieu of dower, or 
where the intention of the husband is plain and manifest that it 
shall be in lieu of doAVer. 

3. By the election of the widow within twelve months from the 
grant of letters testamentary, or of administration on the hus- 
band's estate, to take a child's part of the real estate in lieu of 
dower. 

- 4. By a failure to apply for the dower for seven years from the 

death of the husband. 

5. By the wife's deed with her husband to lands to which the 
title came through her. 

6. By the adultery of the wife unpardoned by the husband. 

§ 1755. If the husband by will gives to his wife an interest in 
Election in his lands, her election of dower bars her of that devise, but does 

CUSt^S of Dfi* 

quost in lieu not deprive her of any interest in the personalty bequeathed to 
her in the will, unless it is expressed to be in lieu of dower. 
§ 1756. An election by the widow to take a child's part of the 
Election in realty in ignorance of the condition of the estate, or of any fact 
material to her interest, shall not bar ,her right to dower ; fro- 
vided^ the rights of third persons acting bona fide upon her elec- 
tion shall not be disturbed or prejudiced. 

§ 1757. Where the husband dies seized of several distinct tracts 
Dower of land lying in the same County, the widow may elect to take her 

In several . . , 

tracts. entire dower in one body, and may select the tract or tracts out 
of which her dower shall be laid. If a tract or body of land is 
divided by County lines, the entire dower may be laid off in either 

ifdivideriby County ; if several tracts lie in different Counties, the dower must 

County lines Tir» i«i • i r^ 

be applied for and laid out m each County. 

§ 1758. The widow is entitled to the possession of the dwelling- 
Dwciiing- house from the death of her husband, and before dower is assigned, 
and also of the furniture therein, until her portion thereof is set 
apart by the appraisers as provided by this Code. 

§ 1759. No lien created by the husband in his lifetime, though 
Lien no bar. asscuted to by the wife, shall in any manner interfere with her 
right to dower. 

§ 1760. With the assent of the executor or administrator of the 
estate, the widow may elect a life estate in one-third part of the 



PT. 2.— TIT. 2.— CHAP. 1.— Domestic Relations. 353 



Article 2. — The Rights and Liabilities of Husband and Wife, etc. 



proceeds of the sales of the land, or any distinct tract or tracts L!fee»tato 

^ ^ , "^ . In proceeds 

of land in lieu of the dower in such land. In which event, such of sale. 
third part of the proceeds of the sale shall he invested hy the ex- 
ecutor or administrator under the direction of the Ordinary where 
his retilrns are made, and the annual income thereof paid to the 
widow during her life. 

§ 1761. With the assent of the executor or administrator of the Absolute eg- 

tttto in spec- 
estate, and the approval of the Ordinary, the widow may elect in ifi*-'! sum. 

lieu of her dower an amount in money to belong absolutely to her, 
to be estimated and determined by the commissioners appointed to 
assign dower, and whose report shall be subject to the same objec- 
tions as are admeasurements of dower in land. Both before the 
Ordinary and on the return of the report of the commissioners, How.con- 

tested.' 

any person interested in the question shall be allowed to become a 
party and be heard. The amount so awarded shall be paid in 
preference to all other claims out of the proceeds of the sale of 
the land. 

§1762. TAny married woman may deposit in any of the sa- wife may 

. , , . . deposit ear-V 

vings banks, or institutions for savings, now chartered in the State ^^^ss. 

of Georgia, or which may hereafter be chartered in this State, any 

sum or sums of money, the proceeds of her own labor, or that of 

her children, less than two thousand dollars in the aggregate, and 

may control, dra^w for, dispose of, devise, or transfer, in any way May control, 

6tC "" i*-™ » 

whatever, the sum or sums thus deposited, in every respect as if sole 
she were not a married woman.] (a) 

§ 1763. The wife's paraphernalia shall not be subiect to the Parapiier- 

^ ^ *^ nalia. 

debts or contracts of the husband, and shall consist of the ap- 
parel of herself and her children, her watch and ornaments suita- 
ble to her condition in life, and all such articles of personalty as 
have been given to her for her own use and comfort. 

§ 1764. In all cases where the rights of the wife come in eon^^ ^when-ffie^- 
flict with the interest of the husband, she may appear in Court by pear asrainst 

. . husband. 

her next friend. In all other civil cases, except as to her sepa- 
rate estate, she must appear by and with her husband, if living 
together. 

(a) Act of 1861, p. 33, and Acts of 1866, p. 226. 
23 



etc , as feme " | 



354 



FT. 2.— TIT. 2.— CHAP. 1.— Domestic Relations. 



Article 3.— 3Iama2:c Contracts and Settlements. 



ARTICLE III. 



OF MARRIAGE CONTRACTS AND SETTLEMENTS. 



Section'. 

lTiv\ ^[an•ias^c article or parol, etc. 
Vik\ Voluntary execution, etc. 
1767. Construction of contract. 
17(>S. Record of marriage contracts. 

1769. Wife maj' force a record. 

1770. Appointing and removing trustees. 



Section. 

1771. Executed in favor of volunteers. 

1772. Valuable consideration. 

1773. Wife feme sole, etc. 

1774. When sue and be sued. 

1775. Minority of party to contract. 

1776. Sale to husband or trustee. 



§ 1765. Any agreement between the parties to a marriage con- 
Marriftire ar- templatino: a future settlement upon the wife, whether by parol 

tideorpai-ol . . 

agreement, or in Writing, may be executed and enforced by a Court of Equity 
at the instance of the wife at any time during the life of the hus- 
band ; ijvovided alivays^ that the rights of third persons, pur- 
chasers or creditors in good faith, and' without notice, are not 
affected thereby. An agreement perfect in itself, and which needs 
no future conveyance to effect its purposes, is an executed contract, 
and does not come under the definition of marriage articles. 
§ 1766. The husband may voluntarily execute such agreement, 
Voluntary or he mav at any time during the coverture, either through trus- 
and trust tces or directly to his wife, convey any property to which he has 

Q66US« 

title subject to the rights of prior purchasers or creditors without 
notice. 

§ 1767. Every marriage contract in writing, made in contem- 
Construe- plation of marriage, shall be liberally construed to carry into effect 
tract the intention of the parties, and no want of form or technical 

expression shall invalidate the same. Such contract must be at- 
tested by at least two witnesses. 

§ 1768. Every marriage contract and every voluntary settlement 
Record made by the husband on the wife, whether in execution of mar- 
contracts." riagc articles or not, must be recorded in the office of the Clerk 
of the Superior Court of the County of the residence of the hus- 
band within three months after the execution thereof. On failure 
to comply with this provision, such contract or settlement shall not 
be of any force or effect against a purchaser, or creditor, or surety 
who, bona fide and without notice, may become such before the 
actual recording of the same. If such contract or settlement is 
made in another State, and the parties subsequently move into 
this State, the record must be made within three months from 
such removal. If the settled property be in this State, and the 



PT. 2.— TIT. 2.— CHAP. 1.— Domestic Relations. 355 



Article '.i. — NLiiTvldga Contracts and Bcttlcments. 



parties reside in another, then the record must be made in the 
County where the property is, and within the time specified above. 

§ 1769. If the trustee or husband having possession of such wife may 
contract or settlement fails or refuses to have the same recorded, <m<i. 
the wife, or any friend of hers, may apply to th<3 Judge of the 
Superior Court at any time for an order compelling such record; 
and the trustee thus refusing, after demand, shall be personally 
responsible to his cestui que trust for all damage sustained by 
reason of the failure to record ; and such application of the wife, 
or her friend, when entered on the minutes of the Superior Court, 
shall be a notice equivalent to the record of the marriage con- 
tract or trust deed. 

§ 1770. The Judge of the Superior Court of the County of the Appointing 

. . . . T and rernov- 

wife's domicil may, at any time, upon petition, exercise the pow- ing trustees. 
ers of a chancellor in appointing, or removing, or substituting 
trustees, or granting any order for the protection of the trust es- 
tate, exercising a wise discretion as to the terms on which such 
appointment shall be made, or such order granted. The pro- 
ceeding in each case shall be transmitted to the Clerk of the Su- 
perior Court, to be recorded in the book of the minutes of such 
Court^ next to the minutes of the last term thereof. 

§1771. Marriage contracts and post nuptial settlements will be '^^^nexe- 
enforced at the instance of all persons in whose favor there are "•^'^l ^^ ^'^^- 

^ unteers. 

limitations of the estate. Marriage articles will be executed only 
at the instance of persons coming within the scope of the mar- 
riage consideration ; but when executed at their instance, the Court 
may execute also in favor of volunteers. All persons are volun- 
teers except the parties to the contract and the offspring of the wife. 

§ 1772. Marriage is a valuable consideration, and the wife Valuable 

1 fiTTiTT IT • considera- 

stands, as to property of the husband settled upon her by marriage tion. 
contract, as other purchasers for value ; provided, that by such 
contract the husband does not incapacitate himself from paying 
his existing just debts. 

§ 1773. The wife is a, feme sole as to her separate estate, unless wife feme 
controlled by the settlement, iiivery restriction upon her power ber separate 
in it must be complied with ; but while the wife may contract, she 
can not bind her separate estate by any contract of suretyship, 
nor by any assumption of the debts of her husband, and any sale 
of her separate estate, made to a creditor of her husband in ex- 
tinguishment of his debts, shall be absolutely void. 



356 



PT. 2.-— TIT. 2.— CHAP. 2.— Domestic Relations. 



Article 1. — Leo'itimate Obildreu. 



§ 1774. If there is no trustee, the wife may sue and be sued, as- 
When sno to hcr Separate estate, as a feme sole ; and in all such cases the 

and be suoil. ^ •% i-x ^ -i i p n 

separate estate shall be responsible for all costs incurred. 

§ 1775. The minority of either party to marriage articles, or a 
Minority marriasjo contract, shall not invalidate it ; movided. such party is 

of ivury to . _ ? . ' . ' ^ ' r .7 



con I nut. 



of lawful age to contract marriage. 



§ 1776. No contract of sale of a wife as to her separate estate 
Sale to with her husband or her trustee shall be valid, unless the same is 
trustee. allowcd by order of the Superior Court of the County of her 
domicil. 



CHAPTER II. 

OF PAKENT AND CHILD. 



Article 1. — Legitimate Children. 

Article 2. — Illegitimate Children^ or Bastards. 



ARTICLE I. 

legitimate children, 



Section. 

1777. Legitimate children — who are. 

1778. Legitimating by order of Court. 

1779. Adopting a child. 

1780. Objections by relative. 

1781. Adoption of adult persons. 

1782. Age of majority. 



Section. 

1783. Parents' obligation. 

1784. Parents' powei- — how lost. 

1785. Mother's rights. 

1786. Cruel treatment by parent. 

1787. Mutual protection. 



ch 



§ 1777. All children born in wedlock, or within the usual pe- 
Leeitimate riod of gestatiou thereafter, are legitimate. The legitimacy of a 
chikl thus born may be disputed. Where possibility of access ex- 
ists, except in cases of divorce from bed and board, the strong 
presumption is in favor of legitimacy, and the proof should be 
clear to establish the contrary. If pregnancy existed at the time 



of the marriage, 



and a divorce is sought and obtained on that 



ground, the child, though born in wedlock, is not legitimate. 
The marriage of the mother and reputed father of an illegiti- 
Subsequent mate child, and the recognition of such child as his, shall render 
the child legitimate; and in such case, the child shall imme- 
diately take the surname of his father. 



marriage. 



PT. 2.— TIT. 2.— CHAP. 2.— Domestic Relations. 357 

Article 1.— Legitimate Children. ' 

% 1778. A father of an illciritimate child may render the same Leiriumaoy 
legitimate by petitioning the Superior or County Court of the ^^>^^- 
County of his residence, setting forth the name, age and sex, of 
5uch child, and also the name of the mother ; and if he desires 
the name changed, stating the new name and praying the legiti- 
mating of such child. Of this application the mother, if alive, 
shall have notice. Upon such application, presented and filed, the 
Court may pass an order declaring said child to be legitimate, and 
capable of inheriting of the father in the same manner as if born in 
lawful wedlock, and the name by which he or she shall be known. 

§ 1779. Any person desirous of adopting a child, so as to ren- Afioptjnga 
der it capable of inheriting his estate, may present a like petition 
to the Superior Court, setting forth, as an additional fact, the 
name of the father, or if he be dead, or has abandoned his family, 
the mother, and the consent of such father or mother to this act 
of adoption ; and if the child has neither father nor mother, then 
the consent of no person shall be necessary to said adoption. It 
shall be the duty of the Court, upon being satisfied of the truth 
of the facts stated in the petition, and of the fact that such father 
or mother has notice of such application, and being further satis- 
ified that such adoption v/ill be to the interest of the child, to pass 
an order declaring said child to be the adopted child of such per- 
-son, and capable of inheriting his estate, and also what shall be 
the name of such child ; and thenceforward the relation between 
-such person and the adopted child shall be, as to their legal rights Effect 
^nd liabilities, the same as if the relation of parent and child e:x:- 
isted between them, except that the adopted father shall never in- 
herit from the child ; but to all other persons the adopted child 
shall stand related as if no such act of adoption had been taken. 

§ 1780. It shall be the privilege of any person related by blood objections 

-i-i.-i-i.^i , o ^ oi !• • by relations. 

to such child, 11 there be no lather or mother, to file objections to 
such application, and the Court, after hearing the same, shall de- 
termine, in its discretion, whether or not the same constitute a 
good reason for refusing the application. 

§ 1781. Adult persons maybe adopted in like manner, and have Adopting 
their names changed, on giving consent to such adoption. persons! 

§ 1782. The age of legal majority in this State is twenty-one Age of 

• 11 n • majority. 

jears ; until that age ail persons are minors. 

§ 1783. Until majority, it is the duty of the father to provide Parent's 
for the maintenance, protection, and education of his child. ° ' ^ 



358 PT. '2. — TIT. 2. — CHAP. 2. — Domestic Relations^. 

Article 1. — Leccitimate Children. 



§ 1T84. Until majority, the child remains under control of the 
Pnrontai father, who is entitled to his services and the proceeds of his la- 

power— how . • -t , 

lost bor. This paternal power is lost — 

1. Bj Yoluntarj contiiict, releasing the right to a third person. 

2. By consenting to the adoption of the child by a third person. 

3. By the failure of the father to provide necessaries for his 
child, or his abandonment of his family. 

4. By his consent to the child's receiving the proceeds of his 
own labor, which consent shall be revocable at any time. 

5. By his consent to the marriage of the child, who thus as- 
sumes inconsistent responsibilities. 

6. By cruel treatment of the child. 

§ 1785. Upon the death of the father, the mother is entitled to 
Mother's the posscssiou of the child until his arrival at such an age that 
° ' his education requires the guardian to take possession of him. In 
cases of separation of the parents, or the subsequent marriage of 
the survivor, the Court, upon writ of habeas corpus^ may exercise 
a discretion as to the possession of the child, looking solely to his 
interest and welfare. 

§ 1786. Any person may apply to tlie Ordinary of the County, 
Cruel treat- alleging the cruel treatment of a child by his father, who shall 
rent cite the father to answer the allegation ; and such Ordinary may, 

at any time, hear evidence, and, in his discretion, appoint a- guar- 
dian of the person of such child, who shall be entitled to the pos- 
session of him. 

§ 1787. Parents and children may mutually protect each otherj 
prottciion. and justify the defense of the person or reputation of each others 



ARTICLE II. 

ILLEGITIMATE CHILDREN, OR BASTAKDS. 



Section. 

1788. Bastards. 

1789. Father's obligatians.. 

1790. Mother's right. 



Section. 

1791. Inheritance by bastard. 

1792. By legitimates from bastard. 



§ 1788. A bastard is a child born out of wedlock, and whose 
Bastard, parents do not subsequently intermarry, or a child the issue of' 
adulterous intercourse of the wife during wedlock* 



PT. 2.— TIT. 2.— CHAP. 2.— Domestic Relations. 359 



Article 2. — Illegitimate Children, or Bastards. 



§ 1789. The father of a bastard is bound to maintain him. Father's 

obligatloo. 

This obligation shall be good consideration to support a contract 
by him. He may voluntarily discharge this duty ; if he fails or 
refuses to do it the law will compel him. 

§ 1790. The mother of a bastard is entitled to the possession of Mother's 

•^ rightB. 

the child, unless the father shall legitimate him as before pro- 
vided. Being the only recognized parent, she may exercise all the 
paternal power. 

§ 1791. Bastards have no inheritable blood, except that given inheritance 

. \ ° by bastard. 

to them by express law. They may inherit from their mother and 
from each other, children of the same mother, in the same man- 
ner as if legitimate. If a mother have both legitimate and ille- 
gitimate children, they shall inherit alike the estate of the mother. 
If a bastard dies leaving no issue or widow, his mother, brothers, 
and sisters shall inherit his estate equally. In distributions un- 
der this law the children of a deceased bastard shall represent the 
deceased parent. 

§1792. If a bastard dies intestate, leaving no widow or lineal Byiegiti- 

.. ., , f, mates from 

descendant, or illegitimate brother or sister, or descendant of a illegitimates 
brother, or sister, or mother, but shall leave a brother or sister of 
legitimate blood, such brother or sister, or descendant of such 
brother or sister, may inherit the estate of such intestate. 



CHAPTER III. 



OF GUARDIAN AND WARD. 



Article 1. — O-uardians of Minors. 

Article 2. — G-uardians of Lunatics and Idiots. 

Article 3. — Foreign G-uardians. 



ARTICLE I. 

Section 1. — How and hy whom Appointed. 

Section 2. — Their Powers^ Duties, and Liabilities. 

Section 3. — Settlements, Resignation, and Letters of Dismission, 



360 PT. 2.— TIT. -2.— CHAP. 3.— ART. 1.-^Domestic Relations. 



Section 1.— Guanliaus — bow and by wbom appointed. 



SECTION I. 



now AND BY WHOM APPOINTED. 



Section. 

170;>. Kind? of guardians. 
ITiU. Natural guardian. 
1795. Testamentary guardian. 
17i)6. Appointed by widows. 

1797. General guardian. 

1798. Of property of non-resident ward. 

1799. Mother-guardian. 

1500, Appointment of clerk or stranger. 

1501. Guardian of bastard. 
1802. Notice of application. 



Section. 

1803. Bond and oath. 

1804. Taken in vacation. 

1805. Additional bond. 

1806. New sureties. 

1807. Proceedings in case of misconduct. 

1808. Motion by surety. 

1S09. Revocation does not abate suit. 

1810. Suit on bond. 

1811. Removing proceedings, etc. 

1812. Guardian ad litem. 



Kinds of 
guardians. 



Natural 
cuardian. 



Testamen- 
tary guar- 
dian. 



Appointed 
by widows. 



General 
guardian. 



§ 1793. Guardians of minors may be either — 1st, natural guar- 
dians ; 2d, testamentary guardians ; 3d, guardians of person and 
property, or either. 

§ 1794. The father, if alive, is the natural guardian ; if dead, 
the mother is the natural guardian. The natural guardian can 
not demand or receive the property of the child until a guardian's 
bond is filed and accepted by the Ordinary of the County. If 
such natural guardian fail or refuse to give bond and surety the 
Ordinary may appoint another guardian to receive such property. 

§1795. Every father may, by will, appoint guardians for the 
persons, or property, or both, of his children, and such guardians 
shall not be required to give bond and security, except in case of 
waste committed or apprehended, or property coming to the 
ward from sources other than the father's will, when the Ordinary 
shall require the same. If a testamentary guardian fails to give 
bond as required, the Ordinary may dismiss him as guardian and 
appoint another, or may appoint another guardian for the prop- 
erty thus accruing. In all other respects a testamentary guardian 
shall stand on the same footing with other guardians appointed by 
the Ordinary. 

§ 1796. The mother, if a widow, shall have the power by will 
to appoint testamentary guardians for such children as have none, 
as to their persons, and as to such property as they may inherit 
from her. 

§ 1797. The Ordinary of the County of the domicil of a minor 
having no guardian shall have the power of appointing a guardian 
of the person and property, or either, of such child. If the ward 
be above the age of fourteen years before a guardian is appointed, 



PT. 2.— TIT. 2.— CHAP. ^3.— ART. 1.— Domestic Relations. 861 



Section 1. — Guardians— how and by whom fippointed. 

he shall have the privilege of selecting a guardian, and if such 
selection be judicious the Ordinary shall appoint him. The ward 
having once exercised this privilege can not do so again, except 
upon cause shown for the removal of the first selection. 

§ 1798. If a minor is non-resident, but has property in this ^>^ proportv 
State, the Ordinary of the County where the property is may ap- ^^"'^ ^'"^'^ 
point a guardian, who shall have control only over such property. 

§ 1799. In the appointment of guardians, the widowed mother Mother- 

^ . . guardian. 

shall have the preference upon complying with the law. Upon 
her marrying again the letters are revoked, though her husband 
shall be responsible to the ward as guardian, if no other guardian 
be appointed. Among collaterals applying for the guardianship, 
the nearest of kin by blood, if otherwise unobjectionable, shall be 
preferred — males being preferred to females. The Ordinary, how- 
ever, in every case may exercise his discretion according to the cir- 
cumstances, and if necessary grant the letters to a stranger in 
blood. 

§ 1800. If there be no application for letters of guardianship, Appoint- 
and a necessity for a o;uardian exists, the Ordinary, after givinsr ^'lerf^ or 

. ^ & 7 ^ .1 y to & stranger. 

notice for thirty days, may vest such guardianship in the Clerk of 
the Superior or Inferior Court of the County, or in any other per- 
son or persons residing in said County, whom he shall deem fit 
and proper, in his discretion, requiring bond and security as in 
other cases. 

§1801. The Ordinary may appoint a s^uardian for the person Guardian 

r. .,, . . V-n • n i i of bastards. 

and property oi an illegitimate cmld m all cases where he may 
deem it necessary. 

§ 1802. Every application to be appointed guardian of a minor is^otice of 
under the age of fourteen years, other than the child of the ap- 
plicant, shall be made to the Ordinary, and notice thereof given 
by him in some public gazette of this State, at least thirty days 
before such letters shall be granted. At the regular term nex:^.. 
after the expiration of the notice, the letters may be granted 
either to the applicant or some other person, in the discretion of 
the Court. In the meantime a temporary guardian may be ap- 
pointed under the same rules as apply to the appointment of tem- 
porary administrators. 

§ 1803. Every guardian, appointed by the Ordinary, before en- Bond and 
tering on the duties of his appointment, shall take before the Or- 
dinary an oath, or affirmation, well and truly to perform the duties 



802 FT. 2.— TIT. '2.— CHAP. 3.— ART. 1.— Domestic Relations. 



Section 1, — Guardiaus— how aud by whom appointed. 



required of him as guardian, and faithfullj to account with his 
-ward for his estate ; and shall also give bond with good and suffi- 
cient security, to be approved by the Ordinary, in double the 
amount of the supposed value of the property of the ward, for the 
faithful discharge of his duty as guardian : such bond shall be pay- 
able to the Ordinary and his successors. A substantial compliance 
as to all matter of form shall be sufficient. 

§ 1804. The taking of the oath and giving the bond may be 

Taken in done at any time in vacation, the appointment being made at a 

regular term. The bond when taken shall be recorded by the 

Bond re- Ordinary in a book to be kept by him for that purpose, and the 

corded. original kept of file in his office. 

§ 1805. If at any time after appointment other property shall 
Additional dcsccnd, or come, or be given, or otherwise accrue to the ward, the 

bond. 

Ordinary may require the guardian to give an additional bond 
with security in double the amount of such property, and on his 
failure to comply, the Ordinary may appoint a special guardian 
for such property ; [and whenever it shall come to the knowledge 
of the Ordinary, either by annual returns or otherwise, that the 
bond and security of any guardian is not of sufficient amount to 
be of double the amount of the property or funds in the hands of 
such guardian, or that such bond and securities are otherwise in- 
sufficient in the judgment of such Ordinary, it shall be his duty 
to give notice to said guardian to come forward at the next term 
of the Court of said Ordinary and give additional security to said 
Ordinary, or give a new bond with good securities ; and on failure 
to do so, the authority of said guardian shall cease ; and said Or- 
dinary shall appoint, in terms of the law, a guardian to take the 
place of said defaulting guardian.] (a) 

§ 1806. If one or more of the sureties on the guardian's bond 
Kew faure- shall die, or become insolvent, or remove from this State, or from 

ties. ' ^ ^ ^ ^ ^ 

other cause the security become insufficient, the Ordinary may 
of his own motion, or at the instance of any relative of the ward, 
require the guardian to give other and sufficient security, and on 
his failure so to do in compliance with such order, the Court 
shall revoke his letters of guardianship, and appoint some other 
person in his place. 

§ 1807. If the Ordinary knows, or is informed, that any guar- 



(a) Acts of 1861, p. 



PT. 2.— TIT. 2.— CHAP. 3.— ART. 1.— Domkhtic Rklations. 363 

Section 1. — Guardians — how and by "whom appointed. 

dian wastes, or in any manner mismanages the property, or does i'rof:e*fiinj(9 
not take due care of the maintenance and education of his ward "'iHcx^ndact. 
according to his circumstances, or refuses to make returns as 
required by hiw, or for any cause is unfit for the trust, the Ordina- 
ry shall cite such guardian to answer to such charge at some regu- 
lar term of the Court, when, upon investigation of his actions, the 
Ordinary may, in his discretion, revoke his letters, or pass such 
other order as in his judgment is expedient under the circum- 
stances of each case. 

§ 1808. The surety of any guardian on his bond, or if dead, his Motion by 

*^ *^ . . . Burety. 

representative, may at any time make complaint to the Ordinary 

of any misconduct of his principal in the discharge of his trust, 

or for any other reason show his desire to be relieved as surety ; 

thereupon the Ordinary shall cite the guardian to appear at a 

regular term of the Court, and show cause why such surety shall 

not be discharged ; and upon hearing the parties and their evidence, Proceedings 

the Ordinary may, at his discretion, pass an order discharging 

such surety from all future liability, and requiring such guardian 

to give new and sufficient security, or be discharged from his trust ; 

such new sureties shall be liable for past as well as future waste 

or misconduct of the guardian. And such discharged surety shall 

be relieved only from the time the new security shall be given. 

If new security is not given, and the guardian's trust is revoked, Liability of 

•^ o ^ o ' new sm-eties 

the discharged surety shall be bound for a true accounting of such 
guardian with the new guardian, or his ward, if no other guardian 
is appointed. The death of a surety shall be a sufficient ground 
for his discharge from future liability on application of his repre- 
sentative and the granting the order. In all cases where letters ofoidsure- 
of guardianship are revoked, the sureties on the bond are liable 
for all the acts of the guardian in relation to bis trust up to the 
time of his settlement with the new guardian or his ward. 

§ 1809. The revocation of letters of guardianship shall not abate Revocation 

~ ^ does not 

any suit pending for or against the guardian, but the new guardian '^^-^^^ suit. 
shall be made a party by sci. fa, as in case of the death of a party. 

§1810. Suit may be instituted against the guardian and his suit on bond 
sureties on his bond in the same action at the instance of his 
ward, or a new guardian, or any other person interested, without 
first suing the guardian. And if the guardian is beyond the juris- 
diction of the Court, or places himself in the position of a debtor, 
liable to attachment, or is dead, and his estate unrepresented, suit 



3G4 VT.'2.- 



-TIT. -2.— CIIAr. 3.~ilRT. 1.— Domestic Relations. 



Section 1. — Guardiaus — how and by whom appointed. 



judgment. 



Proviso. mJiY be commenced against the sureties alone ; provided, that the 
Ji. fa. issued upon a judgment obtained against the guardian and his 
sureties shall not be levied upon the property of the sureties until 
a return of nulla bona as to the guardian, unless the property of 
the sureties is being removed from the County. If the failure to 
Effect of sue the guardian arose from his voluntary act, the judgment 
against the sureties shall be conclusive in any suit against him. 
§1811. A guardian whose residence is, or by removal or other- 
Kemoving wise bccomes, in a different County from that of his appointment, 

to another niay havo the privilege oi removing the trust to the jurisdiction 
of the Ordinary of his own County, by first giving bond and good 
security to such Ordinary, as if first appointed by him, and filing 
a certificate of such fact with the Ordinary by whom he was ap- 
pointed. He shall also obtain from such Ordinary an exemplifi- 
cation of all the records concerning his guardianship, and of the 
order passed transferring the same to the County of his residence, 
which exemplification shall be filed with and recorded by the 
Ordinary of said County, who shall then have the same jurisdic- 
tion over such guardian as if first appointed by him. The sure- 
ties upon such guardian's first bond shall be liable only for past 

Liability of miscouduct. The surctics upon the new bond shall be liable for 
both past and future misconduct. 

§ 1812. Whenever a minor is interested in any litigation pend- 

Guardianacz ing in any Court in this State, and has no guardian, or his inter- 
est is adverse to that of his guardian, such Court shall have power 
to appoint a guardian ad litem for such minor, which guardian 
shall be responsible to such minor for his conduct in connection 
with such litigation in the same manner as if he were a regularly 
qualified guardian. 



SECTION 11. 

THE POWERS, DUTIES, AND LIABILITIES OF GUAEDIANS. 



Section 


r. 


SECTIO^ 


r. 


1813. 


Power of guardian. 


1822. 


Working them together. 


1814. 


Returns. 


1823, 


Cultivating plantations, etc. 


1815. 


Amount of expenditure. 


1824. 


Investment in stocks. 


1816. 


Binding out indigent persons. 


182.5. 


Commissions. 


1817. 


Ill treatment. 


1826. 


If there be two guardians. 


1818. 


Failing to malce returns. 


1827. 


Sureties bound, etc. 


1819. 


Sales. 


1828. 


Contracts by guardian. 


3820. 


Renting of lands. 


1829. 


May appoint attorney in fact 


1821. 


Contracts for labor. , 







PT. 2.— TIT. 2.— CHAP. 3.— ART. 1.~Domestic Relatiojts. 365 

Section 2. — Powers, DutieB, and Liabilities of Guardians. 



§ 1813. The power of the ffuardian over the person of his ward I'owr^r of 

. ^ . ^ . . guardian. 

is the same with the father over his chihl, the guardian standing 
in his place; and in like manner it is the duty of the guardian to iiisdnty. 
protect and maintain, and, according to the circumstances of the 
ward, to educate him. 

§ 1814. Every guardian, within twelve months after his ap- Eetarns. 
pointment, and by the first Monday in July in every year there- 
after, shall make a return to the Ordinary under oath, making an 
accurate exhibit of all the property of his ward received by him 
up to that time and since his last return, together with an account 
current of his receipts and expenditures, accompanied with the 
vouchers for the same, and any other matter connected with the 
said property, which said return shall be examined by the Ordi- 
nary, and if found correct shall be allowed by him and entered of 
record with the vouchers ; and the judgment thus rendered by the 
Ordinary shall be prima facie evidence of the correctness of said 
return in favor of said guardian. If the guardian shall have 
removed beyond the limits of this State, the oath of his surety 
shall be sufficient to verify the return. 

§1815. Every guardian shall be allowed all reasonable dis- Amount of 

*■ ° . expenditure. 

bursements and expenses suitable to the circumstances of the 
orphan committed to his care. But the expenses of maintenance 
and education must not exceed the annual profits of the estate, 
except by the approval of the Ordinary previously granted. The 
Ordinary may, in his discretion, allow the corpus of the estate, in 
whole or in part, to be used for the education and maintenance of 
the ward. 

§ 1816. If the annual profits of the estate of any orphan, with Binding ou 
or without a guardian, are not sufficient for his education and phans. 
maintenance, [and the Ordinary shall not allow the corpus of the 
estate to be used for such education and maintenance,] (a) it shall 
be the duty of the Ordinary forthwith to bind out such orphan for 
the whole or such part of the time of his minority as to him shall 
seem best, and on such conditions as will most promote the interest 
of such orphan, in all cases requiring that such orphan shall be 
allowed to attend the nearest school, where education is free to 
him, at least three months in the year. 

§ 1817. It shall be the duty of the Ordinary and of the guardian 

(a) Acts of 1865-6, p. 28. 



366 PT. i!.— TIT. :2.— CHAP. 3.— ART. 1.— Domestic Relations. 



Section 2. — Powers, Duties, and Liabilities of Guardians. 



Ill treat- of suoli orphan to be informed as to his treatment, and on com- 
plaint of ill usage, or an}^ condition broken, the Ordinary shall 
bind such orphan to some other person.* 

§1818. The Ordinary shall keep a docket of all the guardians 
Failing to liable to make returns to him, and upon tbe failure of any one to 
imtJ. ^'' do so by the time required by law, he shall cite the said guardian 
to appear and show the reason for his delay ; and every guardian 
who shall fail or refuse to make his return before the end of the 
year, shall receive no commission or compensation for any service 
done during that year, unless by special order of the Court of 
Ordinary, exonerating him from all blame. 

§ 1819. All sales of any portion of the property of the ward 
Sales, shall be made under the direction of the Ordinary, and under the 
same rules and restrictions as are prescribed for sales by adminis- 
trators of estates. 

§ 1820. Every renting of lands of an orphan, unless by special 
Eenting of Order of the Ordinary, shall be in public to the highest bidder, 
and under the same rules as Sheriff sales, except that credit may 
be given on good security. 

§ 1821. [Guardians may make contracts for labor or service 
May con- with pcrsons of color, or with white persons, for the benefit of the 

ti*«iot for 

labor. estates of their wards, upon such terms as they may deem best, 
and all such contracts made in good faith shall be a charge upon 
and bind said estates whenever the same are approved by the 
Ordinary of the County.] (a) 

§ 1822. Guardians, under a like order, may keep such persons 
Working toffcther, and have them employed in such agricultural or other 

them to- ^ ' T 1 -r. 1 

gether. operations as such guardians may deem manifestly expedient. 

§ 1823. When it is manifestly expedient, guardians may cause 

cuiti- plantations of their wards to be managed and cultivated for their 

purch"Jing benefit, and when not possessed of lands, under a like order of the 

p an ion. Qq^j,|.^ guardians may invest a portion of the funds of their wards 

in lands for the purpose of cultivation as hereinbefore provided. 

§ 1824. Any guardian, in his discretion, may invest any funds 

inveetment of his Ward in his hands in stocks, bonds, or other securities is- 

in slocks 

sued by this State. In every such case his return shall set forth 
the time of such purchase, the price paid, and the name of the 
person from whom purchased. All such investments shall be free 

^ See further on this subject Sections 1865, 1866. (a) Acts of 1866, p. 87. 



PT. 2.— TIT. 2.— CHAP. 3.— ART. I.—Domestic Relations. 367 

Bection 2. — Powci'h, DuUch, and Liabilities of Guardians. 



from taxation during the minority of the ward for whom thoy are 
held. 

§ 1825. Guardians shall be allowed the same commissions for Commi»- 
receiving and paying out the estate of their wards as are allowed 
to administrators. Extra compensation and traveling expenses 
shall be allowed to them upon the same principles as to adminis- 
trators. When the guardian keeps together and works the employees 
of a ward, the Court shall allow him a reasonable compensation 
for such services, taking into consideration the commissions he may 
receive. 

§ 1826. If the ejuardian resia;ns or dies, or is removed under if there 

^ . . . betwoguar- 

any circumstances, no commissions shall be allowed for turning dians. 
over the estate to a new guardian, or to the new guardian for re- 
ceiving the same; and where a guardian is removed for waste or 
gross mismanagement, no commissions shall be allowed for any 
of his services. 

§ 1827. If the appointment of a guardian for any cause is de- sureties 

, , , *^ . Dound, etc. 

clared void, his sureties shall nevertheless be responsible on the 
bond for any property which may have been received by him by 
virtue or reason of his appointment. 

§ 1828. The sruardian can not borrow money and bind his ward contracts 

" « «' by guar- 

therefor, nor can he, by any contract other than those specially ^i^"^. 
allowed by law, bind his ward's property, or create any lien 
thereon. 

§1829. The guardian may appoint an attorney in fact to act May appoint 
for him where he is unable to act himself, and he and his sureties 

are bound for the acts of such attorney as if it were his personal 
deed. 



SECTION III. 

SETTLEMENTS OF GUARDIANS, RESIGNATION, AND LETTERS DISMISSORY. 



Section. 

1830. Settlements before the Ordinary. 

1831. At the instance of the guardians. 

1832. Duty of the Court. 

1833. Continuance. 

1834. Proceedings. 

1835. Power of the Ordinary. 

1836. Enforcement of decision. 



Section. 

1837. Final receipts. 

1838. Right of ward to re-open, etc. 

1839. Resignation of guardian. 

1840. Letters of dismission. 

1841. Disposition of money, etc., in hand. 

1842. Ward dying, etc.